HAR §12-47-60. Adoption, amendment, or repeal of rules

(a) Any interested person or any agency of the state or county government may petition the board for the adoption, amendment, or repeal of any rule. (b) The petition shall set forth the text of any proposed rule or amendment desired or specify the rule the repeal of which is desired and state concisely the nature of the petitioner's interest in the subject matter and the petitioner's reasons for seeking the adoption, amendment, or repeal of the rule and shall include any facts, views, arguments, and data deemed relevant by the petitioner. The board may also require the petitioner to serve other persons or Page 18 governmental agencies known to be interested in the proposed rulemaking. No request for the adoption, amendment, or repeal of a rule which does not conform to the requirements set forth in this section will be considered by the board. (c) Petitions for rulemaking will be given docket numbers and will become matters of public record upon filing. The board, within thirty days following the filing of the petition, shall either deny the petition in writing or initiate proceedings for the adoption, amendment, or repeal of the rule as provided by law. (d) No public hearing, oral arguments, or other form of proceedings will be held directly on any petition unless the board determines that a petition discloses sufficient reasons in support of the relief requested to justify a public hearing. Where the board determines that the petition does not disclose sufficient reasons to justify the institution of public rulemaking procedures, or where the petition for rulemaking fails in any material respect to comply with the requirements of this subchapter, the petitioner shall be so notified together with the grounds for denial. The provisions of this section shall not operate to prevent the board on its own motion from acting on any matter disclosed in any petition. [Eff ] (Auth: HRS §371-4) (Imp: HRS §§91-6, 371-4)