HAR §15-15-105
HAR §15-15-105. Initiation of rulemaking proceedings
Cite as Haw. Code R. § 15-15-105
(a)
The commission, at any time on its own
motion, may initiate proceedings for the adoption,
amendment, or repeal of any ·rule of the commission .
(b)
Any interested person may petition the
commission for the adoption, amendment, or repeal of
any r ule of the commission.
The petitioner shall file
and deliver one original, one paper copy and one
electronic copy of the petition to the office of the
commission.
The number and format of copies required
under this section may be· modified by order of the
commission. Petitions for rulemaking filed with the
commission shall become matters of public record.
[Eff 10/27/86; com~ 8/16/97; comp 5/8/00; am and comp
11/2/2013; comp OLJ 1 8 lOH
]
(Auth:
HRS §§205-1,
205-7)
(Imp:
HRS §§91-2, 91-6, 205-7)
15-110
)3 3 51
§15-15-107
§15-15-106
Rulemaking; form and contents of
petition.
Petitions for rulemaking need not be in any
special form but shal_l conform to the requirements of
this subchapter and shall contain:
(1)
The name, address (including zip code), and
telephone number of each petitioner;
(2)
A statement of the peti~ioner's interest in
the subject matter;
(3)
A statement of the reasons in support of the
proposed rule, amendment, or repeal;
(4)
The authorization or relief sought;
(5)
The citation of the statutory provision or
other authority under which commission
authorization or relief is sought;
(6)
A draft or the substance of the- proposed
rule or amendment or a designation of the
provisions the repeal of which is desired;
and
(7)
The signature of each petitioner.
Any petition which does not conform to the foregoing
requirements may be rejected by . the commission.
The
rejection shall be in writing and shall state the
reasons therefor.
[Eff 10/27 /86; comp 8/16/97; am and
comp 5/81.Qf 11f znf.f comp 11/2/2013;
.
comp·
UL,.
·
·
] (Auth:
HRS §§91- 13. 5, 205-1,
2 05-7) (Imp:
HRS §91- 13. 5, 91-6, 205-7)
§15-15~107
Rulemaking; action on petition.
(a)
Within sixty days after the filing of a petition for
rulemaking, the commission shall either deny the
petition in writing, stating its reasons for its
denial or initiate proceedings for the adoption,
amendment, or repeal of the rule , in accordance with
section 91- 3, HRS.
·
(b)
Any petition that fai l s in material r espect
to comply with the requirements of this subchapter, or
that fails to disclose sufficient reasons to justify t
the institution of public rulemaking proceedings shall
not be considered by the commis sion.
The commission
15-111
,:, 3 51
§15-15-107
shall notify the petitioner in writing of the denial,
stating the reasons therefor.
Denial of a petition
shall not prevent the commission from acting on its
own motion on any matter contained in the petition.
(c)
If the commission determines that the
petition is in order and that it discloses sufficient
reasons in support of the proposed rulemaking to
justify the institution of rulemak~ng proceedings, the
procedures to·be followed shall be as set forth in
sections 15-15-108, 15-15-109, 15-15-110, and chapter
92, HRS.
[Eff 10/27 /86; am and comp 8/16/97; comp
5/8/00; am and comp 11/2/2013; comp
OCT f 8 20U ]
(Auth:
HRS §§205-1, 205-7) (Imp:
HRS §§91-3, 91-6,
92-1, et seq . )