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(a) Petition. Any interested person may petition the Department, requesting the <br />adoption, amendment or repeal of any rule of the Department, stating the <br />reasons therefor. <br />(b) Submission. The original petition and two (2) copies shall be submitted to the <br />Department. It shall include: <br />(1) A statement of the nature of the petitioner's interest. <br />(2) A draft or the substance of the proposed rule or amendment or a <br />designation of the provision sought to be repealed. <br />(3) An explicit statement of the reasons in support of the proposed rule, <br />amendment or repeal. <br />(c) Disposition of Petition. Within thirty (30) days after the submission of the <br />petition, the Director shall either deny the petition in writing, stating the <br />reasons for such denial, or initiate public proceedings in accordance with <br />Section 91-3 of the Hawai'i Revised Statutes, for the adoption, amendment or <br />repeal of the rule. <br />(d) Denial of Petition. Any petition that fails in material respect to comply with the <br />requirements of this section or that fails to disclose sufficient reasons to justify <br />the institution of rulemaking proceedings will not be considered by the <br />Department. The Department shall notify the petitioner in writing of such <br />denial, stating the reasons therefore. Denial of a petition shall not operate to <br />prevent the Department from acting, on its own, on any matter disclosed in the <br />petition. Petitioner may seek review of the denial through the circuit court in <br />accordance with Chapter 91 of the Hawai'i Revised Statutes. <br />(e) Acceptance of Petition. If the Department determines that the petition is in <br />order and that it discloses sufficient reasons in support of the proposed <br />rulemaking to justify the institution of rulemaking proceedings, the Department <br />shall conduct the rulemaking proceedings in accordance with this section and <br />the applicable statutes. <br />3-2. Notice of Public Hearing. <br />(a) Publication and Mailing. When, pursuant to a petition therefore or upon its <br />own, the Department proposes to adopt, amend, or repeal a rule, a notice of <br />proposed rulemaking shall be published at least once in a newspaper of general <br />circulation in the county, and the notice shall also be mailed to all persons or <br />agencies who have made timely written requests for advance notice of the <br />Department's rulemaking proceedings, provided that the fees or costs <br />