Haw. Code R. § 4-71A-17 - List amendment by order
(a) By order, the
board may adopt additions to or deletions from the lists of microorganisms
without regard to the notice and public hearing requirements of chapter
91, HRS; provided that thirty days or
more prior to the effective date of the order, the department shall issue a
press release and mail notices to the Office of Environmental Quality Control
for publication and to all persons who have made a timely written request of
the department for advance notice of the order or the department's rulemaking
proceedings. The press release and the notice shall include:
(1) A statement summarizing the substance of
the proposed order which may include examples of the kinds of microorganisms
being added to or deleted from the lists required under section
150A-6.3,
HRS;
(2) A statement that a copy of
the proposed order and the proposed exact changes will be mailed to any
interested person who requests a copy upon payment in advance of costs for
photocopying, preparing, and mailing the copy;
(3) A statement as to where to obtain a copy
of the proposed order and the proposed exact changes for inspection, or for
pick-up after payment in full of costs for photocopying and preparing;
and
(4) A statement that the
department is soliciting comments regarding the proposed order during the next
thirty days, where comments may be forwarded to, and where the proposed order
will be discussed.
(b)
The department shall consider all oral and written comments and may incorporate
the same in its review of the proposed order by the advisory committee on
plants and animals in a noticed, public meeting.
(c) Upon approval by the board at a noticed,
public meeting, the order to adopt additions to or deletions from the lists of
microorganisms shall take effect ten days after the daily or weekly publication
of statewide circulation or in separate daily or weekly publications whose
combined circulation is statewide.
Notes
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