Haw. Code R. § 13-197-5

Current through November, 2024
Section 13-197-5 - Petitions for adoption, amendment, or repeal of rules
(a) Any interested person may petition the review board for the adoption, amendment, or repeal of any rule of the review board. The petition shall be submitted in duplicate and delivered to the office of the review board.
(b) The petition need not be in any special form but shall contain:
(1) A statement of the nature of each petitioner's interest in the subject matter;
(2) A draft or text of the proposed rule or amendment desired by petitioner or a specification of the rule that petitioner desires repealed;
(3) A designation of any existing rules or laws affected by the petition;
(4) An explicit statement of the reasons that the petitioner is seeking the adoption, amendment, or repeal of the rule;
(5) Any other facts, views, arguments, and data deemed relevant to the petition;
(6) The name, address, and telephone number of each petitioner; and
(7) The signature of each petitioner.
(c) Any petition which does not conform to the foregoing requirements may be rejected by the review board.
(d) Upon receipt of the petition, the staff or the review board shall cause it to be dated to determine the date of submission. Within thirty days after receipt of the petition, the review board shall either deny the petition in writing, stating its reasons for denial, or initiate proceedings for the adoption, amendment, or repeal of the rule as provided by law. No public hearing, oral arguments, or other form of proceedings shall be held directly on any petition. If the review board determines that the petition does not disclose sufficient reasons to justify the commencement of public rule making proceedings, or if the petition fails in material respect to comply with the requirements of these rules, the review board shall deny the petition and the petitioner shall be so notified. The provisions of this section shall not operate to prevent the review board, on its own motion, from acting on any matter disclosed in any petition.

Haw. Code R. § 13-197-5

[Eff 6/22/81; am and comp 3/9/89] (Auth: HRS §§ 6E-5.5, 91-6) (Imp: HRS § 91-6)