HAR §15-31-33
HAR §15-31-33. recommendations
Length: 608 wordsOfficial source
Cite as Haw. Code R. § 15-31-33
Written
protest,
comments,
or
recommendations
or
replies
thereto
shall
not
be
accepted
unless
an original
and ten
copies
(or
lesser
number
of copies
as may be specifically
agreed
to by
the
presiding
officer)
are
filed.
The
period
for
filing
wiitten
protest,
comments,
or recommendations
may be extended
by the
presiding
officer
for
good
cause.
(e)
Unless
otherwise
specifically
ordered
by the
board
or the presiding
officer,
testimony
given
at
the
hearing
need not
be reported
verbatir.
All
supporting
written
statements,
maps,
cherts,
tabulations,
or
similar
data
offered
in
evidence
at
the
hearing,
and
which
are
deemed by the
presiding
officer
to
be
authentic
and
relevant,
shall
be received
in
evidence
and aade a part
of
the
record.
Unless
the
presiding
officer
finds
that
the
furnishing
of
the
required
number
of
copies
iipracticable
ahd reduce8
the
nuaber,
eleven
copies
of
the
exhibits
rhell
be submitted.
(f)
At
the
close
of
the
final
public
hearing,
the
board
shall
announce
the
date
when it8
decision
shall
be announced,
or
the
board
ray,
if
it
so desires,
make
the
decision
et
the
public
hearing.
The board
shall
consider
all
relevant
coaaents
end aateriel
of
record
before
taking
final
action
in
a rulereking
proceeding.
(g)
The board
shall
adopt
the
development
rules
as’is
or with
modifications
end direct
the
chief
executive
officar
to
irpleaent
8uch developaent
rules.
fBff
)IAR 20 1987
]
(Auth:
HRS Sec.
206M-3)
(Inp:
ERS Sec.
206M-3)
Sec.
15-31-32
Brerltencv
ruleraking.
Notwithstanding
sections
15-31-l
to
15-31-31,
if
the
board
finds
that
an imminent
peril
to public
health,
safety,
or rote18
requires
adoption,
arendrent,
or
repeal
of
a rule
upon
It88
then
twenty
days'
notkce
of
hearing,
end 8tate8
in writing
its
reason
for
the
.
finding,
it
ray
proceed
without
prior
notice
or
hearing
or
upon an abbreviated
notice
and hearing
to
adopt
an ererg'ency
rule
to be effective
for
a period
not
longer
then
one-hundred
and ten
day8 without
renewal.
@ff
ffhl 20 1987
]
(Auth:
RRS Sec.
206M-3)
(1s~:
ERS Sec.
206M-3)
.Sec.
15-31-33
Petition8
for
.adoDtion.
amendlent,
or
repeal
of rules.
(a)
Any interested
person
or any
31-13
I
sec.
15-31-33
agency
of
the
State
or
county
government
may petition
the
board
for
the
issuance,
amendment,
modification,
or
repeal
of
any
rule
which
is
designed
to
implement,
interpret,
or
prescribed
by
law,
policy,
organization,
procedure,
or practice
requirement
of
the
board.
(b)
Petitions
for
rulenaking
shall
sit
forth
the
text
of
any proposed
rule
or
amendment
desired
or
specifying
the
rule
the
repeal
of
which
is
desired
and
stating
concisely
the
nature
of
the
petitioner’s
interest
in
the
subject
matter
and
the
reasons
for
seeking
the
issuance,
amendment,
or
repeal
of
the
rule
and
shall
include
any
facts,
views,
arguments,
and
data
deemed
relevant
by
petitioner.
The
board
may
require
the
petitioner
to
adequately
and properly
notify
persons
or governmental
agencies
known to be
interested
in
the
proposed
ruleaaking
of
the
existence
of
the
filed
petition.
No request
for
the
issuance,
amendment,
modification,
or
repeal
of
a rule
which
does not
conform
to
the
requirerents
set
forth
above
1
shall
be considered
by the
board.
Where the
board
determines
that
the
petition
does not
disclose
sufficient
reasons
to justify
the
institution
of
public
rulemaking
procedures,
or where
the
petition
for
ruleraking
fails
in
material
respect
to comply
with
the
requirements
of
these
rules,
the
petitioner
shall
be so notified
together
with
the
grounds
for
the
denial.
The provisions
of
this
section
shall
not
operate
to prevent
the
board,
on its
own motion,
front
acting
on any matter
disclosed
in
any petition.
[Eff
MAR 20 W
]
(Auth:
HRS Sec.
206M-3)
(Imp:
HRS Sec.
206M-3).
SUBCHAPTER 4
MISCBLLANBOUS