Rules of Practice and Procedure 04-25-13

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5-6 Filing of Rules. The Commission,upon adopting, amending, or repealing a rule and approval by the Mayor, shall file certified copies of the rule with the County Clerk. 5-7 Taking Effect of Rules. Each rule adopted, amended, or repealed shall become effective ten days after filing with the County Clerk.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 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 days without renewal unless extended in compliance with Section 91-3(a),Hawai Revised Statutes. 5-8 Publication of Rules. The Commission shall, as soon as practicable, compile, index, and publish all rules adopted by the Commission and remaining in effect. Compilations shall be supplemented as often as necessary and shall be reviewed at least once every ten years. PART 6. DECLARATORY RULINGS 6-1 Petitions for Declaratory Rulings. On petition of an interested person or agency,the Commission may issue a declaratory order as to the applicability of any statutory provision,ordinance, or of any rule or order of the Commission. (a) Form and Contents. The petition shall conform to the requirements of Section 2-4 of these rules and shall contain the name,address, and telephone number of each petitioner; the signature of each petitioner; a designation of the specific provision, rule, or order in question,together with a statement of the controversy or uncertainty involved; a statement of the petitioner's interest in the subject matter, including the reasons for submission of the petition; a statement of the petitioner's position or contention; and a memorandum of authorities, containing a full discussion of reasons and legal authorities in support of such position or contention. (b) Commission Action. Within sixty days after the submission of a petition for declaratory ruling,the Commission shall either deny the petition in writing, stating the reasons for such denial or issue a declaratory order on the matters contained in the petition, or set the matter for hearing, as provided in Section 6-2 of these rules; provided,that if the matter is set for hearing,the Commission shall render its findings and decisions within ninety days after the close of the hearing. (c) Dismissal of Petition. The Commission may,without notice or hearing, dismiss a petition for declaratory ruling that fails in material respect to comply with the requirements of Part 6 of these rules. 6-2 Request for Hearing. 7-20