HAR §15-15-107.1. Commission action

The commission shall consider all statements, views, comments, and documents of record before taking final action in a rulemaking proceeding. Unless otherwise provided by law, any decision rendered pursuant to this subchapter shal! not be subject to a motion for reconsideration or judicial review. The adoption, amendment or repeal of a rule is subject to approval of the governor and filing with the lieutenant governor. [Elf and comp NOV 022013 ] (Auth: HRS ÿ205-i, 205-7) (Imp: HRS §91-3) 15-15-i08 Rulemaking; notice of public hearing. (a) When, pursuant to a petition therefor or upon its own motion, the commission proposes to adopt, amend, or repeal any rule, the notice of hearing shall be published pursuant to the requirements of sections 1-28.5 and 91-3, HRS. The notice of hearing shall also be mailed to all persons or agencies who have made timely written requests for advance notice of the commission's rulemaking proceedings at their last recorded address. The notice of hearing shall be published at least thirty days prior to the date set for public hearing. The notice of hearing shall also be filed with the lieutenant governor's office. (b) A notice of the proposed adoption, amendment, or repea! of a rule shall include: (i A statement of the date, time, and place where the public hearing will be held; 2 Reference to the authority under which the adoption, amendment, or repeal of a rule is proposed; and 3 A statement of the substance of the proposed rules. [Eff 10/27/86; am and comp 8/16/97; am and comm 5/8/00; comp NOV 0 2ÿ813 ] 88 i (Auth: HRS §ÿ205-i, 205-7) (Imp: HRS ÿ@i- 28.5, 91-3, 92-41) §15-15-109 Rulemaking; conduct of public hearing° (a) The chairperson of the commission or, in the chairperson's absence, another member designated by the commission, or a duly appointed hearings officer shal! conduct the public hearing for the adoption, amendment, or repeal of the rules. The commission shall afford interested persons a reasonable opportunity to offer testimony with respect to the matter specified in the notice of hearing, in order to obtain a clear and orderly record. The presiding officer shal! have authority to administer oaths or affirmations and to take al! other actions necessary to the orderly conduct of the hearing. (b) Each such public hearing shall be held at the time and place set in the notice of hearing but may at that time and place be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing. (c) At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall outline briefly the procedure to be followed. Testimony shal! then be received with respect to the matters specified in the notice of hearing in such order as the presiding officer shall prescribe. (d) Each witness, before proceeding to testify, shall state the witness' name, address, and whom the witness represents at the hearing, and shall give any information respecting the witness' appearance as the presiding officer may request. The presiding officer shall confine the testimony to the matters for which the hearing has been called. In order to allow persons to have an equal amount of time to testify, or to prevent cumulative unnecessary testimony, the presiding officer may limit the amount of time for testimony per individual or per issue. Every witness may be subject to questioning by the members of the commission or by any other representative of the commission. Questions by other than commission members or staff shall be permitted only at the discretion of the presiding officer. (e) All interested persons or agencies shall be afforded an opportunity to submit data, views, or arguments orally or in writing that are relevant to the matters specified in the notice of hearing. A person may submit written comments, data, views, or arguments ten days after the close of the scheduled public 89 hearing date. An original and one paper copy and one electronic copy of written comments, recommendations, replies, or exhibits shall be submitted. (f) Unless otherwise specifically ordered by the commission, testimony given at the public hearing shall not be reported verbatim. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 02ÿ01ÿ ] (Auth: HRS ÿ205-i, 205-7) (Imp: HRS ÿ91-2ÿ 91-3)