Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS
Section 12-54-2 - Petition

Universal Citation: HI Admin Rules 12-54-2

Current through August, 2024

(a) Any interested person may petition the department for the adoption, amendment, or repeal of any rule or standard by submitting a written request to the director. A copy of the request shall be submitted to the division. The request shall set forth:

(1) The text of the rule proposed for adoption, amendment or repeal;

(2) The reasons for and the intended effect of the proposed rulemaking;

(3) Any facts, views, and arguments in support of the proposed rulemaking; and

(4) The name, address, and phone number of the person making the request.

(b) The director may require the petitioner to serve other persons or governmental agencies known to be interested in the proposed rulemaking.

(c) Within thirty days of the receipt of the request, the department shall either deny the petition in writing, stating the reasons, or initiate proceedings preparatory to adoption except where federal approval or requirements prevent initiation within thirty days.

(d) If the director determines that the petition does not disclose sufficient reasons to justify the commencement of public rulemaking proceedings, or if the petition for rulemaking fails in material respect to comply with the requirements of this chapter, the director shall deny the petition and the petitioner shall be notified. The provisions of this section shall not operate to prevent the director from acting on any matter disclosed in any petition.

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