2022.03.01 Rules of Practice and Procedure of the Department of Environmental Management

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ARTICLE I ADMINISTRATIVE PROCEDURE RULE 1 General Provisions 1-1. General Applicability. These rules shall regulate the Department of Environmental Management of the County of Hawai'i and its Director under the Hawai'i Administrative Procedures Act, Chapter 91 of the Hawai'i Revised Statutes, Chapter 92 of the Hawai'i Revised Statutes, the Charter of the County of Hawai'i, or other related acts as may now or hereafter be administered by the Director of the Department of Environmental Management. These rules shall be construed to secure the just and efficient determination of every proceeding. 1-2. Definitions. Unless otherwise stated, the following terms shall have the meanings provided below for the Department of Environmental Management: "Charter" means the Hawai'i County Charter, as amended. "Department" means the Department of Environmental Management. "Director" means the director of the Department of Environmental Management or the director's designated representative. "Person with Disability" means, with respect to an individual, a physical or mental impairment which substantially limits one or more major life activities of such individual. "Proceeding" means any matter that is brought before the Director, in which the Department has jurisdiction including, but not limited to, adoption, amendment, or repeal of any rule of the Department. "Public Records" shall have the same meaning as is defined in Chapter 92 of the Hawai'i Revised Statutes, and shall include all maps, rules, written statements of policy or interpretation formulated, all decisions, orders, and records of any proceeding on file, but shall not include records which invade the right of privacy of an individual. "Rule" means the Department's statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of the Department. The term does not include regulations concerning only the internal management of the Department and not affecting private rights of or procedures available to the public, nor does the term include declaratory rulings issued by the Director pursuant to section 91-8 of the Hawai'i Revised Statutes, nor intra-agency memoranda.