Rules Applicable to Rulemaking Procedures

CHAPTER 23.1

RULES APPLICABLE TO RULEMAKING PROCEDURES

§14-23.1-1 Initiation of rulemaking proceedings §14-23.1-2 Notice of public hearing §14-23.1-3 Conduct of hearing §14-23.1-4 Board action §14-23.1-5 Emergency rulemaking §14-23.1-6 Filing of rules §14-23.1-7 Taking effect of rules §14-23.1-8 Publication of rules

Historical Note: Chapter 23.1 of Title 14 is based substantially upon Part III of the State civil service commission rules of practice and procedure. [Eff 6/26/78; R July 9, 1981]

§14-23.1-1 Initiation of rulemaking proceedings. (a) The board may, at any time on its own motion, initiate proceedings for the adoption, amendment or repeal of any rule of the board. Procedures to be followed in rulemaking shall be as set forth in rules of the board and the applicable statutes. (b) Any interested person or agency may petition the board for the adoption, amendment, or repeal of any rule of the board. Petitions for rulemaking filed with the board will become matters of public record. (1) Petitions for rulemaking shall conform to the requirements of section 14-22.1-5 and shall

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§14-23.1-1

contain: the name, address and telephone number of each petitioner; the signature of each petitioner; a draft or the substance of the proposed rule or amendment or a designation of the provisions the repeal of which is desired; a statement of the petitioner's interest in the subject matter; and a statement of the reasons in support of the proposed rule, amendment, or repeal. The original and five copies of the petition and other documents shall be filed with the board. (2) The board shall, within thirty days after the filing of a petition for rulemaking, either deny the petition or initiate public rulemaking proceedings. (3) Any petition that fails in material respect to comply with the requirements of this section or that fails to disclose sufficient reasons to justify the institution of rulemaking proceedings will not be considered by the board. The board shall notify the petitioner in writing of the denial, stating the reasons therefor. Denial of a petition shall not operate to prevent the board from acting, on its own motion, on any matter disclosed in the petition. Petitioner may seek a review of the denial through the circuit court pursuant to the chapter 91, Hawaii Revised Statutes, and applicable rules of court and statutes. (4) If the board determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking to justify the institution of rulemaking proceedings, the procedures to be followed shall be as set forth in sections 14-23.1-3 through 14-23.1-6 and the applicable statutes. [Eff ] (Auth: HRS §§91-2, 91-6) (Imp: HRS §§91-2, 91-3, 91-6)

§14-23.1-2 Notice of public hearing. (a) When, pursuant to a petition therefor or upon its own motion,

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§14-23.1-3

the board proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published in accordance with existing rules or policies pertaining to public notices and the notices shall also be mailed to all persons or agencies that have made timely written requests for advance notice of the board’s rulemaking proceedings. All notices shall be published at least thirty days before the date set for public hearing. (b) A notice of the proposed adoption, amendment, or repeal of a rule shall include: (1) 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; (3) A statement of the substance of the proposed rule. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§91-3, 92-41)

§14-23.1-3 Conduct of hearing. (a) The public hearing for the adoption, amendment, or repeal of rules shall be heard before the board and presided over by the chairperson of the board or, in the chairperson's absence, by another member designated by the board. The hearing shall be conducted in a way as to afford interested persons and agencies a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing and so as to obtain a clear and orderly record. The presiding officer shall have authority to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing. (b) Each 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 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 then outline briefly the procedure to be followed. Testimony shall then be received with

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§14-23.1-3

respect to the matters specified in the notice of hearing in the order the presiding officer shall prescribe. (d) All witnesses shall, before proceeding to testify, state their name, address, and whom they represent at the hearing, and shall give information respecting their appearances as the presiding officer may request. The presiding officer shall confine the testimony to the matters for which the hearing has been called but shall not apply the technical rules of evidence. Every witness shall be subject to questioning by the members of the board or by any other representative of the board; cross-examination by persons or agencies shall be permitted. (e) All interested persons or agencies will 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. The period for filing written comments or recommendations may be extended beyond the hearing date by the presiding officer for good cause. An original and four copies are requested when submitting written comments, recommendations, or replies. (f) Unless otherwise specifically ordered by the board, testimony given at the public hearing shall not be reported verbatim. All supporting written statements, maps, charts, 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 made a part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, five copies of the exhibits shall be submitted. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§91-3, 92-41)

§14-23.1-4 Board action. The board will consider all relevant comments and material of record before taking final action in a rulemaking proceeding. Final action should be taken within sixty days after the final public hearing, or the expiration of any extension period for submission of written comments or recommendations. [Eff ] (Auth: HRS

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§14-23.1-7

§91-2) (Imp: HRS §91-3)

§14-23.1-5 Emergency rulemaking. Notwithstanding the foregoing rules, if the board finds that an imminent peril to public health or safety requires adoption, amendment, or repeal of a rule upon less than twenty days notice of hearing, and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon abbreviated notice and hearing as it finds practicable to adopt an emergency rule. The board shall make an emergency rule known to persons who will be affected by it by publication in accordance with existing rules or policies pertaining to public notices. [Eff ] (Auth: HRS §91-2) (Imp: HRS §91-3)

§14-23.1-6 Filing of rules. The board, upon adopting, amending or repealing a rule and approval by the governor, shall file certified copies thereof with the lieutenant governor, the legislative auditor and the legislative reference bureau in accordance with the requirements of sections 91-4, 91-4.1, and 91-4.2, Hawaii Revised Statutes. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§91-3, 91-4, 91-4.1, 91-4.2)

§14-23.1-7 Taking effect of rules. Each rule adopted, amended or repealed shall become effective ten days after filing with the lieutenant governor. If a later effective date is required by statute or specified in the rule, the later date shall be the effective date; provided that no rule shall specify an effective date in excess of thirty days after the filing of the rule with the lieutenant governor. An emergency rule shall become effective upon filing with the lieutenant governor for a period not exceeding one hundred twenty days without renewal unless extended in compliance with the provisions of subdivisions (1) and (2) of section 91-4(b), Hawaii Revised Statutes. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§91-3, 91-4)

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§14-23.1-8

§14-23.1-8 Publication of rules. The board shall, as soon as practicable, compile, index, print, or otherwise make available all rules adopted by the board and remaining in effect. [Eff ] (Auth: HRS §91-2) (Imp: HRS §91-5)

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§14-24.1-1

HAWAII ADMINISTRATIVE RULES

TITLE 14

DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT

SUBTITLE 2.1

RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD