Department of Public Safety

CHAPTER 602 RULEMAKING PROCEEDINGS

§23-602-1 Notice of proposed rulemaking §23-602-2 Emergency rulemaking §23-602-3 Petitions for adoption, amendment, or repeal of rules §23-602-4 Special proceedings

Historical Note: Chapter 23-602, Hawaii Administrative Rules, is based substantially upon chapter 17-102, Hawaii Administrative Rules. [Eff 8/10/81; R

§23-602-1 Notice of proposed rulemaking. (a) When upon its own motion, the commission p roposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published at least once in a newspaper of general circulat.ion in the State. All such notices shall be issued at least thirty days prior to the date of hearing. In addition, a notice shall be placed in a newspaper of general circulation in each county; provided that such notice need not comply with the above thirty day requirement. (b) Notice of proposed adoption, amendment, or repeal of a rule shall include: (1) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal; (2) Reference to the authority under which the adoption, amendment, or repeal of a rule is proposed; 602-1

§23-602-1

(3) A statement of the substance of the proposed rulemaking; and (4) A docket number specifically assigned to rulemaking hearing. (c) In any rulemaking proceeding where the commission deems it warranted, a further notice of proposed rulemaking shall be issued by publication in a newspaperof.general circulation in the State. [Eff SEP03 1994 ] {Auth: HRS S351-68) {Imp: HRS §§91-3, 92-41)

§23-602-2 Emergency rulemaking. Notwithstanding the chapter 23-601, if the commission finds that an imminent peril to public health, safety, or morals requires adoption, amendment, or repeal of a rule upon less than thirty days' notice of hearing, and states in writing the reason for such finding, it may proceed without prior notice of hearing or upon such abbreviated notice and hearing as it finds practicable to adopt not longer than one hundred twenty days without renewal. [Eff SEP03 '94 ] (Auth: HRS §351-68) (Imp: HRS §91-3)

§23-602-3 Petitions for adoption, amendment, or repeal of rules. (a) Any interested person or any agency of the State or county government may petition the commission for the adoption, amendment, or repeal of any rule. (b) Petitions for rulemaking shall: (1) Set forth the text of any proposed rule or amendment desired or specify the rule the repeal of which is desired; (2) state concisely the nature of the petitioner's interest in the subject matter; (3) Set forth the reasons for seeking the adoption, amendment, or repeal of the rule; and (4) Include any acts, opinions, arguments, and data deemed relevant by petitioner. (c) The commission may require the petitioner to give copies to persons or governmental agencies known to be interested in the proposed rulemaking. No request for the adoption, amendment, or repeal of a rule which does not conform to the above requirements 602-2

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will be considered by the commission. (d) Petitions for rulemaking shall become matters of public record upon filing with the commission. The com.mission shall within thirty days following the filing of the pe_tition either deny the petition in writing or initiate public rulemaking procedures. No public hearing, oral argument, or other form of proceedings need be held directly on any such proceeding, but if the commission determines that the petition discloses sufficient reasons in support of the relief requested to justify the institution of public rulemaking proceedings, the procedures to be followed shall be as set forth in this section. Where the commission determines that the petition does not disclose sufficient reasons to· justify the institution of public rulemaking procedures, or where the petition for rulemaking fails in any material respect to comply with the requirements of these rules, the petitioner will be so notified together with the grounds for such denial. This section shall not operate to prevent the commission, on its own motion, from acting on any matter disclosed in any petition. [Eff SEP O31994 ) (Auth: HRS §351-68) (Imp: HRS §91-6) .

§23-602-4 Special proceedings. (a) On petition of an interested person, the commission may issue a declaratory order as to the applicability of any statutory provision or of any rule or order of the com.mission. Petitions for the issuance thereof shall: {l) state clearly and concisely the controversy or uncertainty; (2) Cite the statutory authority involved; and (3) Include a complete statement of the facts and the reasons or ground prompting the petition, together with full disclosure of petitioner's interest. (b) The commission, upon receipt of the petition, may require the petitioner to file additional data or a memorandum of legal authorities in support of the position taken by the petitioner. (c) The commission may, without notice of hearing, dismiss a petition for declaratory ruling which fails in any material respect to comply with the requirements of chapter 23-602.

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(d) Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing need be held, any petitioner or party in interest who desires a hearing on a petition for declaratory ruling shall set forth in detail in their request the reasons why a hearing is necessary for the fair and expeditious disposition of the petition. In the event a hearing is ordered by the commission, section 91-3, Hawaii Revised Statutes, shall govern the proceedings. (e) Notwithstanding the other provisions of this chapter, the commission may, on its own motion or upon request, both without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. [ Ef f SEP O3 1994 ] (Auth: HRS §351-68) (Imp: §§91-8, 91-9)

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HAWAII ADMINISTRATIVE RULES TITLE 23 DEPARTMENT OF PUBLIC SAFETY SUBTITLE 4 CRIMINAL INJURIES COMPENSATION COMMISSION •