Hawaii Administrative Rules 3
Subchapter 3 (Declaratory Relief)
RULE RELIEF
§12-46-81 Contents of petition for rule relief. The commission’s executive director or any interested person may petition the commission for the amendment, adoption, or repeal of a rule. The petition for rule relief shall set forth the test of the rule to be repealed, or the test of any proposed rule, the adoption of which is being sought, or the test of any existing rule, the amendment of which is being sought, together with the proposed amendment. The petition shall further state concisely and with particularity the facts and circumstances giving rise to the petition, including the petitioner’s interest and reasons for filing the petition, the necessity for the relief and the anticipated effect or impact of the relief, the questions or issues raised and petitioner’s position or contentions with respect thereto. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-6, 368-3)
§12-46-82 Disposition. (a) The commission, within the time permitted by chapter 91, HRS, shall either deny the petition further consideration, or initiate public rulemaking procedures in accordance with this subchapter and chapter 91, HRS.
(b) Without limiting the generality of the foregoing, the commission may deny any petition which:
(1) Fails to substantially conform with the requirements of section 12-46-81;
(2) Discloses no sufficient reasons justifying the institution of public rulemaking procedures; or
(3) Is frivolous. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-6, 368-3)
§12-46-83 Notice of determination. The commission shall promptly notify the petitioner in writing of a determination not to consider the petition and shall further state the reasons therefor. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-6, 368-3)
§12-46-84 Determination final. Unless otherwise provided by law, the petitioner shall have no right to move the commission for reconsideration or to seek judicial review of any determination. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-6, 368-3)
§12-46-85 Additional facts or supplemental memorandum. The commission may require the petitioner or any person or the commission’s executive director to submit a statement of additional facts or a memorandum, the purpose of which is to clarify a specific factual issue, position, or contention which will reasonably aid the commission. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-6, 368-3)
§12-46-86 Public hearing. Subject to sections 91-4 and 91-17, HRS, a public hearing shall be held for a petition for rule relief considered by the commission. Notice of the public hearing shall be given at least thirty days before the public hearing is held. The hearing shall be at the time and place set forth in the notice of public hearing but at that time and place may be continued from day to day or adjourned to a later day or to a different place without notice other than the announcement thereof at the hearing. The commission shall afford, the commission’s chief attorney and all interested persons an opportunity to present data, their views or arguments, orally or in writing. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-3, 368-3)
§12-46-87 Notice of public hearing. (a) The commission shall publish notice of the public hearing in a newspaper of general circulation throughout the State, and which is printed and issued at least twice weekly. The notice shall be published once in two consecutive weeks, and the last published notice shall appear at least thirty days prior to the hearing.
(b) The commission shall further transmit, by first class mail, the notice to all interested persons who have timely requested in writing the notice.
(c) The notice shall state the time, date, and place for the public hearing and shall contain the substance of the proposed rule change to be considered at the public hearing. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-3, 92-41, 368-3)
§12-46-88 Procedure at public hearing. At the commencement of the public hearing the member of the commission presiding at the public hearing shall read the notice of hearing and shall then briefly prescribe the procedure to be followed at the public hearing. All witnesses testifying at the public hearing shall state their name, address, and who, if anyone, the witness represents, and other information as the presiding member of the commission may request. Every witness shall be subject to questioning by members of the commission or by any other representative of the commission. Questioning of the witnesses by other persons shall not be permitted except when the presiding member of the commission expressly permits that questions. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-3, 368-3)
§12-46-89 Transcript of the testimony. Testimony given at the public hearing shall not be recorded verbatim unless the commission at its sole discretion, either without suggestion or upon the request of any interested party, orders otherwise. All written documents shall be received and made part of the public record at the discretion of the commission. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-6, 368-3)
§12-46-90 Decision. (a) The commission shall render its decision at the public hearing or at a time, date, and place as is announced at the public hearing. The commission, upon the request of any interested person, shall issue a concise statement of the principle reasons for and against its decision. In making its decision, the commission shall consider all written and oral submissions respecting the proposed rule relief. Unless otherwise provided by law, the requirements of section 12-46-37 shall not apply to a decision rendered pursuant to this section.
(b) Unless otherwise provided by law, any decision rendered pursuant to this section shall not be subject to a motion for reconsideration or judicial review. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-3, 368-3)
§12-46-91 No restriction on commission. Nothing contained in this subchapter shall be construed to prohibit or restrict the right of the commission from initiating its own rulemaking proceeding on any matter, whether disclosed in any petition or not. [Eff 12/31/90] (Auth: HRS §§91-6, 368-3) (Imp: HRS §§91-3, 368-3)
