HAR §13-300-11. Adopt, amend, repeal rules

(a) Pursuant to a petition or upon its own motion, the department shall adopt, amend, or repeal a rule which is designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice of the provisions of chapter 6E, HRS, in accordance with the procedures set forth in this chapter and in chapter 91, HRS. The petition shall be submitted in duplicate and delivered to the department. (b) The petition shall contain the following: (1) A statement of the nature of the petitioner's interest in the subject matter; (2) A draft text of the proposed rule, or amendment, or the section of the rule to be repealed; (3) A designation of any existing rules or laws affected by the petition and a comprehensive explanation of the effects; (4) An explicit statement of the reasons petitioner is seeking the adoption, amendment, or repeal of the rule; (5) Any other facts, views, arguments, and data deemed relevant to the petition; (6) The name, address, and telephone number of the petitioner; and (7) The signature of the petitioner. (c) Any petition which does not conform to the requirements of subsection (b) shall be rejected by the department. (d) Upon receipt of a petition which fully complies with all requirements stated in subsection (b), the department shall date and accept the petition for consideration. Within one hundred eighty days, the department shall, following consultation with the councils, Office of Hawaiian Affairs, representatives of development and large landowner interests, Hui Malama I Na Kupuna `O Hawai`i Nei, and other appropriate Hawaiian organizations with respect to petitions involving Native Hawaiian skeletal remains and burial goods, and appropriate ethnic organizations when petitions involve non Native Hawaiian skeletal remains and burial goods, either deny the petition in writing stating its reasons for denial or initiate rulemaking procedures. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43.5, 91-2) (Imp: HRS §§6E-43, 6E-43.5, 6E-43.6, 91-3)