HAR §12-42-10. Adoption, amendment, or repeal of rules

(a) Any public employee, employee organization, public employer, or interested person or organization may petition the board for adoption, amendment, or repeal of any rule of the board. (b) The petition need not be in any special form but it shall contain the following: (1) The name, address, and telephone number of each petitioner. (2) The signature of each petitioner. (3) A statement of the nature of the petitioner’s interest. (4) A draft or the substance of the proposed rule or amendment or a designation of the provisions sought to be repealed. (5) A statement of the reasons in support of the proposed rule, amend- ment, or repeal. (6) Any other information pertinent to the petition. (c) The original and five copies of the petition shall be filed with the board. 17 (d) Any petition which does not conform to the requirements specified herein may be rejected and the petitioner shall be so notified. (e) The board shall, within thirty days after the filing of the petition, either deny the petition in writing, stating its reasons for such denial, or initiate proceedings in accordance with section 91-3, HRS, and the procedures provided herein for the adoption, amendment, or repeal of rules. (f) Public hearing: (1) The public hearing on the proposed adoption, amendment, or repeal of any rule shall be held in the hearings room of the board or such other place as the board may designate, and shall be pre- sided over by the board chairman, a board member, or such other person as the board may designate. Additional hearings may be conducted at selected locations within the State. (2) The notice of hearing shall set forth a statement of the substance of the proposed rule, amendment, or a designation of the provisions sought to be repealed, and the date, time, and place of the public hearing. (3) At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall then outline the procedures to be followed. The presiding officer shall have the authority to administer the oaths or affirmations and to take all other actions necessary for the orderly conduct of the hearing. (4) Interested persons and agencies shall, in such order as the presid- ing officer may prescribe, be given a reasonable opportunity to offer testimony on matters specified in the notice of hearing. Before proceeding to testify, persons and agencies shall state their names, addresses, organizations, and such other information re- specting their appearance as the presiding officer may request. Every witness shall be subject to questioning by the presiding officer or any other authorized person or agency. Questioning by other persons or agencies shall not be permitted except when authorized by the presiding officer. (5) Any person or agency unable to attend the public hearing who desires to submit written testimony shall submit such testimony to the board at its office by the date and time specified in the notice of hearing. (g) The board may at any time, on its own initiative, institute proceed- ings in accordance with section 91-3, HRS, and the procedures provided herein for the adoption, amendment, or repeal of rules. [Eff. Feb. 6, 1981] (Auth: HRS §89-5) (Imp: HRS §§89-5, 91-1, 91-2, 91-3, 91-6) §§12-42-11 to 15 (Reserved) 18 SUBCHAPTER 2 DETERMINATION OF OPTIONAL APPROPRIATE BARGAINING UNIT, SELECTION OF EXCLUSIVE BARGAINING REPRESENTATIVE, AND DECERTIFICATION PURSUANT TO SECTIONS 89-6 AND 89-7, HRS