Haw. Code R. § 8-54-16 - Suspension of the rules

(a) If the board determines that extenuating circumstances exist to justify suspending its rules, the board may, at a scheduled board meeting, vote to temporarily suspend any of its administrative rules, or any portion thereof, by a majority vote. In doing so the board shall also determine the length of time for which the suspension shall remain in effect. The following are extenuating circumstances that may require the suspension of rules:

(1) An emergency condition, including natural disaster, exists that prevents compliance with the rules;

(2) Extenuating circumstances or compelling reasons exist that are caused by medical need, life-threatening condition, or personal tragedy;

(3) Active military duty impinges on compliance with the board's rules; or

(4) An unforeseen event beyond the control of the board or teacher prevents or delays the ability to comply with the rules.

(b) The following describes the procedure for suspending rules:

(1) Any person or agency directly impacted by the rules may submit a signed written request to the board, citing the rule or portion thereof to be suspended, with at least thirty (30) calendar days' notice prior to the next regularly scheduled board meeting unless extenuating circumstances prevent the individual or agency from meeting this timeframe. The request shall also contain the name of the individual(s) or agency impacted by the rule and the reason and rationale for the request;

(2) A majority vote of board members is required to suspend the rules or any portion thereof;

(3) Robert's Rules of Order pertaining to suspension of the rules will be followed;

(4) In considering the motion to suspend, the board may also determine if another resolution to the request exists and act accordingly;

(5) If a motion to suspend the rules or any portion thereof fails, a future request may be heard again if new, relevant information is obtained relating to the request.

Notes

Haw. Code R. § 8-54-16

[Eff OCT 27 2011; compiled OCT 27 2011] (Auth: HRS § 302A-803) (Imp HRS §§ 302A-801-808) Am and comp 10/30/14