Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS
Section 11-20-27 - Public hearings on variances, variance schedules, and exemption schedules

Universal Citation: HI Admin Rules 11-20-27

Current through February, 2024

(a) Before a variance, variance schedule, or exemption schedule proposed by the director pursuant to section 11-20-26 may take effect, the director shall provide notice and opportunity for public hearing on the variance, variance schedule, or exemption schedule. A notice given pursuant to the preceding sentence may cover the granting of more than one variance, variance schedule, or exemption schedule and a hearing held pursuant to such notice shall include each of the variances, variance schedules, or exemption schedules covered by the notice. Such notice shall include a summary of the proposed variance, variance schedule, or exemption schedule, and shall inform interested persons that they may submit written comments on the proposed variance, variance schedule, or exemption schedule, and may request a public hearing.

(b) Public notice of an opportunity for hearing on a variance, variance schedule, or exemption schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance, variance schedule, or exemption schedule, and shall, in addition to compliance with section 92-41, HRS, include at least the following:

(1) Posting of a notice in the principal post office of each community or area served by the public water system, and publishing of a notice in a newspaper or newspapers of general circulation in the area served by the public water system; and

(2) Mailing of a notice to other appropriate state or local agencies at the director's discretion.

(c) Requests for hearing may be submitted by an interested person. Frivolous or insubstantial requests for hearing may be denied by the director. Requests shall be submitted to the director within thirty days after issuance of the public notices provided for in subsection (b). Such requests shall include the following information:

(1) The name, address, and telephone number of the individual, organization, or other entity requesting a hearing;

(2) A brief statement of the interest of the person making the request in the proposed variance, variance schedule, or exemption schedule and of information that the requesting person intends to submit at such hearing; and

(3) The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

(d) The director shall give notice in the manner set forth in subsection (b) of any hearing to be held pursuant to a request submitted by an interested person or on the person's own motion. Notice of the hearing shall also be sent to the persons requesting the hearing, if any. Notice of the hearing shall include a statement of the purpose of the hearing, information regarding the time and location for the hearing, and the address and telephone number of an office at which interested persons may obtain further information concerning the hearing. Notice of the hearing shall be given not less than fifteen days prior to the time scheduled for the hearing.

(e) A hearing convened pursuant to subsection (d) shall not be deemed to be a "contested case" hearing within the meaning of chapter 91, Hawaii Revised Statutes. The hearing shall be conducted before a hearing officer to be designated by the director, or the director may conduct the hearing. The hearing shall be conducted by the hearing officer in an informal, orderly and expeditious manner. The hearing officer shall have authority to call witnesses, receive oral and written testimony and take such other action as may be necessary to assure the fair and efficient conduct of the hearing.

(f) The director may provide that the variance, variance schedule, or exemption schedule shall become effective thirty days after notice of opportunity for hearing is given pursuant to subsection (b) if no timely request for hearing is submitted and the director does not determine to hold a public hearing on the director's own motion.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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