Rule Relief Procedures

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HAWAII ADMINISTRATIVE RULES TITLE 17 DEPARTMENT OF HUMAN SERVICES CHAPTER3 RULE RELIEF PROCEDURES

§17-3-1 Definitions S17-3-2 Request for rule relief 517-3-3 Contents of petition for rule relief §17-3-4 Departmental action s17-3-5 Extensions of time §17-3-6 Determination final §17-3-7 Additional facts and supplemental memoranda

Historical Note: Chapter 17-3 is partially based on Parts I and II of Rule 6 of the department of social services and housing. (Eff 3/26/64; R 6/4/84]

§17-3-1 Definitions. As used in this chapter: "Person" means individuals, partnerships, corporations, associations, or organizations of any character, except for the department. @Program" means a combination of resources and activities designed to achieve an objective or objectives of the department's vocational rehabilitation and services for the blind division, the family and adult services division, the med-QUEST division, and the self sufficiency and support services division. "Relief@ means the adoption, modification, or repeal of any rule by the department. "Rule" shall have the same meaning as that specified by section 91-1, HRS. (Eff 6/4/84; am and yw&PR A; $92l 2l (Auth: ms §§91-2, 346-14, 348- : - , 346-14, 348-3)

§17-3-2 Request for rule relief. The department or any interested person may petition in writing for the amendment, adoption, or repeal of a rule. When a petition is filed, the department shall record the date

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it was received and assign it an incoming correspondence number. [Eff 6/4/84; camp APR 13 1995 ] (Auth: RRS §§91-2, 346-14, 348-3) (Imp: HRS §§91-2, 346-14, 348-3)

§17-3-3 Contents of petition for rule relief. (a) The petition for rule relief shall set forth the text of the: (1) Rule to be repealed; and (2) Proposed rule sought to be adopted; or (3) Existing rule sought to be amended together with the proposed amendment. (b) The petition shall also state the facts and circumstances giving rise to the petition, including: (1) Petitioner's interest and reasons for filing the petition; (2) The necessity for rule relief; (3) Anticipated effects or impacts of rule relief; (4) Questions or issues raised by the rule relief; and (5) Petitioner's position or contentions with respect to questions or issues raised. [Eff ;;5;8461 ;;:p14bpF! 13 1995 ] (Auth: HRS I 348-3) (Imp: HRS §§91-6, 346-14, 348-3)

fj17-3-4 Denartmental action. (a) Upon the filing of a request or petition, the department shall determine whether or not to proceed with the rule relief. (b) Within thirty days of the date of filing, the department shall notify a requestor or petitioner of a determination whether to proceed. (c) If the department decides not to proceed, reasons for the determination shall be stated in the response. [Eff 6/4/84; camp APR 1 3 HRS §§26-38, 91-2, 346-14, 348-3) (Imp: 346-14, 348-3)

§17-3-5 Extensions of time. Where there is mutual agreement between the department and the requestor or petitioner, extensions of time may be

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stipulated by either party. [Eff 6/4/84; camp APR 1 3 19% ] (Auth: HRS §§26-38, 91-2, 348-3) (Imp: HRS $§26-38, 91-2, 348-3)

§17-3-6 Determination final. A requestor or petitioner shall have no right to move the department for reconsideration. [Eff 6/4/84; compAPR I 3 19% 1 (Auth: HRS §526-38, 346-14, 348-3) (Imp: HRS §§26-38, 346-14, 348-3)

§17-3-7 Additional facts and sunnlemental memoranda. The department may require a requestor or petitioner to submit a statement of memorandum of additional facts clarifying a specific factual issue which will aid the department in its consideration of what action to take on a request or petition. [Eff 6/4/84; camp APR f 3 1995 J (Auth: HRS §§26-38, 346-14, 348-3) (Imp: HRS §§26-38, 346-14, 348-3)

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