HAR §12-54-2
HAR §12-54-2. Petition
Cite as Haw. Code R. § 12-54-2
(a) Any interested person may petition the department
for the adoption, amendment, or repeal of any rule or standard by submitting
a written request to the director.
A copy of the request shall be submitted
to the division.
The request shall set forth:
(1) The text of the rule proposed for adoption, amendment or repeal;
(2) The reasons for and the intended effect of the proposed rulemaking;
(3) Any facts, views, and arguments in support of the proposed
rulemaking; and
(4) The name, address, and phone number of the person making the request.
(b) The director may require the petitioner to serve other persons or
governmental agencies known to be interested in the proposed rulemaking.
(c) Within thirty days of the receipt of the request, the department
shall either deny the petition in writing, stating the reasons, or initiate
proceedings preparatory to adoption except where federal approval or
requirements prevent initiation within thirty days.
(d) If the director determines that the petition does not disclose
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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 this chapter, the director shall deny the
petition and the petitioner shall be notified.
The provisions of this
section shall not operate to prevent the director from acting on any matter
disclosed in any petition.
[Eff. 7/12/82] (Auth:
HRS §396-4)
(Imp:
HRS §396-4)