HAR §15-15-105

HAR §15-15-105. Initiation of rulemaking proceedings

Last amended: 2013Length: 536 wordsOfficial source

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 . )
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