HAR §3-1-3. Public records and information

(a) The term "public records" as used in this section is defined as in Section 92-50, Hawaii Revised Statutes, and shall include all rules, regulations, written statements of policy or interpretation formulated, adopted or used by the department, all final opinions, rulings and orders and any other material on file for public inspection in the department unless accorded confidential treatment pursuant to law. (b) All public records shall be available for inspection in the department, during established office hours unless public inspection of such records is in violation of any state or federal law; provided that, except where such records are made available for inspection by rule of court, the attorney general may determine which records may be withheld from public inspection when such records pertain to the preparation or defense of any action or proceeding prior to its commencement, to which the State is or may be a party, or when such records do not relate to a matter in violation of law or their confidential treatment is necessary for the protection of the character, reputation or business of any person. (c) Public records printed or reproduced by the department shall be given to any person requesting the same and paying the cost including the cost of publication and 1-2 Sec. 3-1-4 mailing of reproduction, or in the case of a charge specified by law or by other regulation, such specified charges. (d) Requests for public information, for permission to inspect official records or for copies of public records shall be made in writing to the comptroller and shall be handled with due regard for the policies and procedures of the respective programs and the dispatch of other public duties. [Eff. MAR 30 1981] (Auth: HRS Sec. 26-38) (Imp: HRS Secs. 91-2, 92-50, 92-51) Sec. 3-1-4 Petitions for adoption, amendment or repeal of rules and regulations. (a) Any interested person or any agency of the state or county government may petition the comptroller for the adoption, amendment, modification or repeal of any rule or regulation. For the purpose of this section, such petitions shall be considered as part of the rulemaking proceedings. (b) Such petition for rulemaking shall set forth the text of any proposed rule or regulation or amendment desired or specifying the rule or regulation the repeal of which is desired and stating concisely the nature of his interest in the subject matter and his reasons for seeking the adoption, amendment or repeal of the rule or regulation and shall include any facts, views, arguments and data deemed relevant by the petitioner. The comptroller may also require the petitioner to serve other persons or governmental agencies known to be interested in the proposed rulemaking. (c) Upon filing, such petitions for the rulemaking shall be given a docket number and will become matters of public record upon filing. The comptroller shall within thirty days following the filing of the petition either deny the petition in writing or initiate proceedings for the adoption, amendment or repeal of the rule or regulation as provided by law. No public hearing, oral arguments, or other form of proceedings will be held directly on any such petition. If the comptroller determines that the petition does not disclose sufficient reasons to justify the commencement of public rulemaking proceedings, or if the petition for rulemaking fails in material respect to comply with the requirements of these rules, the comptroller shall deny the petition and the petitioner shall be so notified. The provisions of this section shall not prevent the comptroller, on an independent motion, from acting on any matter disclosed in any petition. [Eff. MAR 30 1981] (Auth: HRS Sec. 26-38) (Imp: HRS Sec. 91-6) 1-3