Haw. Code R. § 8-503-5 - Petitions for adoption, amendment, or repeal of rules

(a) Any interested person, organization, or agency may petition the commission for the adoption, amendment, or repeal of any rule, which is designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice requirements of the commission.

(b) Petitions for rulemaking shall conform to the requirements of section 8-502-2. A petition for rulemaking shall set forth the text of any proposed rule or amendment or specify the rule proposed to be repealed; shall state concisely the nature of petitioner's interest in the subject matter and petitioner's reasons for seeking the adoption, amendment, or repeal of the rule; and shall include any facts, views, arguments, and data deemed relevant by the petitioner. A request for the adoption, amendment, or repeal of a rule which does not conform to the requirements set forth in this section may not be considered by the commission.

(c) Petitions for rulemaking shall be given a docket number and shall become matters of public record upon filing. The commission, within thirty days following the filing of the petition, shall either deny the petition in writing or initiate public rulemaking proceedings as set forth in sections 8-503-1 to 8-503-4. No public hearing or other proceedings shall be held with respect to the determination whether to deny the petition or initiate public rulemaking proceedings. Where the commission determines that the petition does not disclose sufficient reasons to justify the institution of public rulemaking proceedings, or where the petition for rulemaking fails, in material respect, to comply with the requirements of these rules, the commission shall deny the petition and the petitioner shall be so notified together with the grounds for denial.

(d) The provisions of this section, however, shall not operate to prevent the commission, on its own motion, from acting on any matter disclosed in any petition.

Notes

Haw. Code R. § 8-503-5

[Eff. 10/4/2018] (Auth: HRS § 302D-3.5) (Imp: HRS §§ 91-6, 302D-3.5)