HAR §4-71A-17. List amendment by order

(a) By order, the board may adopt additions to or deletions from the lists of microorganisms without regard to the notice and public hearing requirements of chapter 91, HRS; provided that thirty days or more prior to the effective date of the order, the department shall issue a press release and mail notices to the Office of Environmental Quality Control for publication and to all persons who have made a timely written request of the department for advance notice of the order or the department’s rulemaking proceedings. The press release and the notice shall include: 71A-17 §4-71A-17 (1) A statement summarizing the substance of the proposed order which may include examples of the kinds of microorganisms being added to or deleted from the lists required under section 150A-6.3, HRS; (2) A statement that a copy of the proposed order and the proposed exact changes will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy; (3) A statement as to where to obtain a copy of the proposed order and the proposed exact changes for inspection, or for pick-up after payment in full of costs for photocopying and preparing; and (4) A statement that the department is soliciting comments regarding the proposed order during the next thirty days, where comments may be forwarded to, and where the proposed order will be discussed. (b) The department shall consider all oral and written comments and may incorporate the same in its review of the proposed order by the advisory committee on plants and animals in a noticed, public meeting. (c) Upon approval by the board at a noticed, public meeting, the order to adopt additions to or deletions from the lists of microorganisms shall take effect ten days after the daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide. [Eff. 11/30/01] (Auth: HRS §§150A-5.9, 150A-6.3) (Imp: HRS §150A-6.3) §4-71A-18 Maximum time period for permit approvals, disapprovals, extensions, or automatic approvals. (a) Pursuant to the requirements of chapter 91, HRS, the department shall establish the following maximum time periods for the processing of permit requests after acceptance of a completed permit application and payment of applicable fees pursuant to 71A-18 §4-71A-19 sections 4-71-4 and 4-71-19: (1) For microorganism species for which the chief is authorized to approve a permit, i.e., restricted list (Part B) microorganisms for purposes provided in Section 4-71A-22(c)(1),(2), and (3), the chief may approve or disapprove the issuance of a permit within 90 days; and (2) For microorganisms requiring board action as provided in section 4-71A-6, the board may approve or disapprove the issuance of a permit within 180 days. (b) Notwithstanding the requirements of subsection (a), the maximum period of time shall be extended indefinitely in the event of a national disaster, state emergency, or union strike, which prevents the department from fulfilling application or review requirements in a timely manner. (c) Except as provided for in subsection (b), an application request for the issuance of a permit shall be given automatic approval if action is not taken by the department within the established maximum period of time as specified in subsection (a). After the expiration of the maximum time period is brought to the attention of the department, the department shall have a reasonable amount of time to issue the permit. (d) This section shall apply only to application requests for business or development-related permits required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise. [Eff. 11/30/01] (Auth: HRS §§ 91-13.5, 150A-9) (Imp: HRS §150A-6.3)