Banyan Drive Hawaii Redevelopment Rules and Practice and Procedure

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RULE 4. RULES APPLICABLE TO RULEMAKING PROCEDURES 4.1 Initiation of Rulemaking Proceedings a. Motion by Agency. The Agency may, at any time on its own motion initiate proceedings for the adoption, amendment or repeal of any rule of the Agency. Procedures to be followed in rulemaking shall be as set forth herein and the applicable statutes. b. Petition by Person or Agency. Any interested person or agency may petition the Agency for the adoption, amendment or repeal of any rule of the Agency. Petitions for rulemaking filed with the Agency will become matters of public record. (1) Form and Content. Petitions for rulernaking shall conform to the requirements of Rule 3.5 and shall contain the name, address and telephone number of each petitioner; the signature of each petitioner; a draft or the substance of the proposed rule or amendment or a designation of the provisions, the repeal of which is desired; a statement of the petitioner's interest in the subject matter; and a statement of the reasons in support of the proposed rule, amendment or repeal. (2) Agency Action. The Agency shall, within thirty (30) days after the filing of a petition for rulemaking, either deny the petition or initiate public rulemaking proceedings. (3) Denial of Petition. Any petition that fails in material respect to comply with the requirements herein or that fails to disclose sufficient reasons to justify the institution of rulemaking proceedings will not be considered by the Agency. The Agency shall notify the petitioner in writing of such denial, stating the reasons therefor. Denial of a petition shall not operate to prevent the Agency from acting, on its own motion, on any matter disclosed in the petition. Petitioner may seek a review of said denial through the circuit court pursuant to the Administrative Procedure Act and applicable rules of court and statutes. (4) Acceptance of Petition. Ifthe Agency determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulernaking to justify the institution of rulemaking proceedings, the procedures to be followed shall be as set forth in Rules 4.3 through 4.8 herein and the applicable statutes. 4.2 Notice of Public Hearing a. Publication and Mailing. When, pursuant to a petition therefor or upon its own motion, the Agency proposes to adopt, amend or repeal a rule or regulation, a 16