Rules of Practice and Procedure 04-25-13

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(d) Commission Action. The Commission shall,within thirty days after the filing of a petition for rulemaking, either deny the petition or initiate public rulemaking proceedings. (e) Denial of Petition. Any petition that fails in material respect to comply with the requirements of this section or that fails to disclose sufficient reasons to justify the institution of rulemaking proceedings will not be considered by the Commission. The Commission shall notify the petitioner in writing of such denial, stating the reasons therefor. Denial of a petition shall not operate to prevent the Commission from acting, on its own motion, on any matter disclosed in the petition. Petitioner may seek a review of the denial through the circuit court in accordance with Chapter 91,Hawaii Revised Statutes. (f) Acceptance of Petition. If the Commission determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking to justify the institution of rulemaking proceedings,the Commission shall conduct the rulemaking proceedings in accordance with sections 5-2 through 5-4 of these rules and the applicable statutes. 5-2 Notice of Public Hearing. (a) Publication and Mailing. When, pursuant to a petition therefor or upon its own motion,the Commission proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the County, and the notice shall also be mailed to all persons or agencies who have made timely written requests for advance notice of the Commission's rulemaking proceedings. All the notices shall be published at least thirty days prior to the date set for the public hearing. (b) Form. A notice of the proposed adoption, amendment, or repeal of a rule shall include: (1) A statement of the date,time, and place where the public hearing will be held; (2) Reference to the authority under which the adoption, amendment, or repeal of a rule is proposed; (3) A statement of the substance of the proposed rule. 5-3 Conduct of Hearing. (a) Presiding Officer. The public hearing for the adoption, amendment, or repeal of any rule shall be heard before the Commission and presided over by the chairperson or vice-chairperson of the Commission or, in their absence,by another member designated by the Commission. The hearing shall be conducted in such a way as to afford to interested persons and agencies a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing and so as to obtain a clear and orderly record. The presiding officer shall have authority to administer 7-18