RULES OF PRACTICE AND PROCEDURE FOR THE HAWAII COUNTY CULTURAL RESOURCES COMMISSION

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RULE 2. PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES 2-1 Initiation of Rulemaking Proceedings (a) The Commission may, at any time,initiate proceedings for the adoption, amendment,or repeal of any rule of the Commission, so long as any adoption, amendment or repeal is not deemed to be required under State or County law. Procedures to be followed in rulemaking shall be as set forth in these rules. (b) Any interested person or agency may petition the Commission for the adoption, amendment, or repeal of any rule of the Commission. Such petitions shall contain: (1) A non-refundable filing and processing fee of five hundred dollars; (2) The name, address, telephone number,if available, and signature of the petitioner; (3) A draft or the substance of the proposed rule or amendment or a designation of the provision, the repeal of which is desired; (4) A statement of the reasons in support of the proposed rule, amendment, or repeal. (c) The Commission shall,within sixty days after filing of a petition for rulemaking, either deny the petition or initiate public rulemaking proceedings. (d) 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 shall be denied by the Commission. The Commission shall notify the petitioner in writing of such denial, stating the reasons thereof. Denial of the petition shall not operate to prevent the Commission from acting, on its own motion, or any matter disclosed in the petition. Petitioner may seek review of the denial through the Board of Appeals. (e) If the Commission determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking proceedings,the Commission shall conduct rulemaking proceedings in accordance with Section 2-2 of this rule. 2-2 Notice of Public Hearing (a) When, pursuant to a petition therefore or upon its own initiation, the Commission proposed 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 who have made timely written requests for advance notice of the 11