HAR §2-1-5. Public hearing for adoption, amendment or repeal of rules

(a) The lieutenant governor or the duly authorized representative shall preside over the public hearing for the adoption, amendment or repeal of the rule. The hearing shall afford all interested persons a reasonable opportunity to be heard on matters relevant to the issues involved; provided that the presiding officer shall have the authority and responsibility to take all other actions necessary to obtain a clear and competent record in an orderly manner. (b) The hearing shall be held on the day and at the time and place designated in the notice of the hearing. A duly noticed hearing may be continued to a later time or date or to a different place if at the hearing the presiding officer first determines that the public interest would best be served by the continuance and further, that the continuance would not circumvent the spirit of this section. If the hearing is continued, notice of the new hearing shall be provided by announcing the new date, time and place at the original hearing and by giving reasonable notice to the public at large. (c) At the commencement of the hearing, the presiding officer shall identify himself and his staff, read the notice of hearing, and outline briefly the procedure to be followed. Oral or written testimony may be received with respect to the matters specified in the notice of hearing and in such order as the presiding officer shall prescribe. (d) All interested persons shall be given a reasonable opportunity to testify with respect to the matters specified in the notice of hearing. Every witness shall, before testifying, state his or her name and address, whom he or she represents at the hearing, and shall give such other information respecting his or her appearance as the presiding officer may request. Every witness shall be subject to questioning by the presiding officer or by any other authorized representative of the office, but no questions or cross-examination by the public shall be permitted without the presiding officer's permission. 1-3 52-1-5 (e) Unless otherwise specifically ordered by the presiding officer, testimony taken at the hearing need not be recorded verbatim. [Eff. 9/30/69; am and ren §2­ 1-5 MAR 1 1 l982 l(Auth: HRS §91-2(1mp: HRS §91-3) 52-1-6 Petition for declaratory rulings. {a) A petition for a declaratory ruling as to the applicability of any statutory provision or the applicability of any rule or order of the lieutenant governor may _be filed with the office. The petition shall clearly and concisely state: the pertinent statutory provision, rule or order; the nature of the problem or controversy; a complete statement of the relevant facts; the remedy being sought; the reasons for the petition including full disclosure of the petitioner's interest and the effect of the statutory provision, rule or order on the petitioner. (b) Upon receipt of the filed petition and after an examination of the contents thereof, the lieutenant governor may conduct a hearing on the matter or require the petitioner to file additional data or memoranda. (c) After complete review of the petition and the record thereof, the lieutenant governor may either dismiss or grant the petition, or issue any other declaratory order or ruling appropriate to the matter. [Eff. 9/30/69; am and ren §2-1-6 MAR 1 1 1982 l(Auth: HRS §91-2){1mp: HRS §91-8) 1-4