HAR §12-53-8. Modification, revocation, and renewal of rules and orders

(a) An employer or an affected employee may apply in writing to the director for a modification or revocation of a rule, standard, or order issued under sections 12-53-6 or 12-53-7. The application shall contain: (1) The name and address of the applicant; (2) A description of the relief, which is sought; (3) A statement setting forth with particularity the grounds for §12-53 6 relief; (4) Certification, if the applicant is an employer, which the applicant has informed affected employees of the application by: (A) Giving a copy to their designated representatives; (B) Posting at the place where notices to employees are normally posted, a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself); and (C) Other appropriate means. (5) A certification, if the applicant is an affected employee, that a copy of the application has been furnished to the employer; and (6) Any request for a hearing under subchapter 3 of this chapter. (b) The director may modify or revoke a rule or order issued under sections 12-53-6 or 12-53-7. When this occurs, the director shall publish a notice of this for general circulation in the State of Hawaii at least once within a three week period following the action, thereby affording interested persons an opportunity to submit written data, views, or arguments regarding the proposal and informing the affected employer and employees of their right to request a hearing, and shall take other actions to give notice to affected employees. Any request for a hearing shall include a short and plain statement of: (1) How the proposed modification or revocation would affect the requesting party; and (2) What the requesting party would seek to show on the subjects or issues. (c) Any final rule or order issued under sections 12-53-6 or 12-53-7 may be renewed or extended as permitted by the applicable section and in the manner prescribed for its issuance. [Eff 7/12/82; am 8/15/87; am 2/14/00] (Auth: HRS §396-4) (Imp: HRS §396-4)