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

Home

(d) Oral and Written Presentation. Any interested person or agency 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. An original and two (2) copies of any written comments, recommendations, or written materials shall be submitted. All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the Director to be authentic and relevant, shall be received in evidence and made a part of the record. (e) Transcript of the Evidence. Unless otherwise specifically ordered by the Director, testimony given at the public hearing shall not be reported verbatim. 3-4. Action by Director. The Director shall consider all relevant comments and material of records before taking final action in a rulemaking proceeding. Final action shall be taken at the hearing, or by a date announced by the Director, or within sixty (60) days after the final public hearing, whichever occurs last. 3-5. Emergency Rulemaking. If the Director finds that an imminent peril to public health, safety, morals, or to livestock and poultry health requires adoption, amendment, or repeal of a rule upon less than thirty (30) days notice of hearing and states in writing its reasons for such finding, the Department may proceed without prior notice or hearing or upon such abbreviated notice and hearings it finds practicable to adopt an emergency rule to be effective for a period not longer than one hundred twenty (120) days without renewal. Notice shall be in accordance with Section 91-3 of the Hawai'i Revised Statutes. 3-6. Filing of Rule(s). Upon adopting, amending, or repealing a rule(s) and approval by the mayor, the Director shall file certified copies of the rule(s) with the county clerk. 3-7. Effective Date. Each rule adopted, amended, or repealed shall become effective ten (10) days after filing with the county clerk. 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 (30) days after the filing of the rule with the county clerk. An emergency rule shall become effective upon filing with the county clerk for a period not exceeding one hundred twenty (120) days without renewal unless extended in compliance with Section 91-3(a) of the Hawai'i Revised Statutes. 3-8. Publication of Rules. As soon as practical, the Director shall compile, index, and publish all rules adopted by the Department and remaining in effect. Compilations shall be supplemented as often as necessary and shall be reviewed at least once every ten (10) years. RULE 4 Declaratory Rulings by the Department 4-1. Petition. Any interested person may petition the Director for a declaratory order as the applicability of any statutory provision or of any rule or order of the Department.