12-54 Adoption, Amendments, or Repeal of Rules and Standards

§12-54
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HAWAII ADMINISTRATIVE RULES
TITLE 12
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
SUBTITLE 8
HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
PART 1
GENERAL, LEGAL, AND ADMINISTRATIVE PROVISIONS
FOR OCCUPATIONAL SAFETY AND HEALTH
CHAPTER 54
ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS
§12-54-1 Purpose and scope
§12-54-2 Petition
§12-54-3 Additional or alternative procedural requirements
§12-54-4 Procedure for rulemaking
§12-54-5 Nature of hearings
§12-54-6 Decision
§12-54-7 Emergency rules
§12-54-8 Effective date of action on rules
§12-54-9 Construction of chapter
Historical note: Chapter 54 of title 12 is based upon chapter 106 of the
Hawaii Occupational Safety and Health Standards, Rules and Regulations.
[Eff. 7/11/74; am 6/7/76; am 8/22/77; R 7/12/82]
§12-54-1 Purpose and scope. This chapter concerns the adoption,
amendment, and repeal of rules referred to as "rulemaking". This chapter is
intended to comply with provisions of chapter 396 and chapter 91, HRS.
[Eff. 7/12/82] (Auth: HRS §396-4) (Imp: HRS §396-4)
§12-54-2 Petition. (a) Any interested person may petition the department
for the adoption, amendment, or repeal of any rule or standard by submitting
a written request to the director. A copy of the request shall be submitted
to the division. The request shall set forth:
(1) The text of the rule proposed for adoption, amendment or repeal;
(2) The reasons for and the intended effect of the proposed rulemaking;
(3) Any facts, views, and arguments in support of the proposed
rulemaking; and
(4) The name, address, and phone number of the person making the request.
(b) The director may require the petitioner to serve other persons or
governmental agencies known to be interested in the proposed rulemaking.
(c) Within thirty days of the receipt of the request, the department
shall either deny the petition in writing, stating the reasons, or initiate
proceedings preparatory to adoption except where federal approval or
requirements prevent initiation within thirty days.
(d) If the director determines that the petition does not disclose

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sufficient reasons to justify the commencement of public rulemaking
proceedings, or if the petition for rulemaking fails in material respect to
comply with the requirements of this chapter, the director shall deny the
petition and the petitioner shall be notified. The provisions of this
section shall not operate to prevent the director from acting on any matter
disclosed in any petition. [Eff. 7/12/82] (Auth: HRS §396-4)
(Imp: HRS §396-4)
§12-54-3 Additional or alternative procedural requirements. Upon
reasonable notice to interested persons, the department may prescribe
additional or alternative procedures. [Eff. 7/12/82] (Auth: HRS §396-4)
(Imp: HRS §396-4)
§12-54-4 Procedure for rulemaking. The director shall publish in a
newspaper of general circulation in the State a notice of proposed rulemaking
(the adoption, amendment, or repeal of a rule) at least once which shall
include:
(1) A statement of the substance of the proposed rule or the amendment or
repeal and the place where a complete copy may be obtained or
examined, or both;
(2) The date, time, and place of a public hearing where interested
persons may be heard, it shall be held not less than twenty days
after the date of publication;
(3) An invitation to all interested parties to submit data, views,
arguments, comments, and objections orally or in writing; and
(4) Any other information or provision deemed appropriate with regard to
the proceeding. [Eff. 7/12/82] (Auth: HRS §396-4)
(Imp: HRS §396-4)
§12-54-5 Nature of hearings. (a) The public hearing shall be legislative
in type. The director or a duly authorized representative shall preside over
the hearing.
(b) The hearing shall be conducted in such a way as to afford interested
persons a reasonable opportunity to be heard on matters relevant to the
issues involved and so as to obtain a clear and orderly record.
(c)The presiding officer shall have all the powers necessary and
appropriate to conduct a fair and full hearing, including the powers:
(1) To regulate the course of the hearing;
(2) To dispose of procedural requests, obligations, and comparable
matters;
(3) To confine the presentations to the issues specified in the notice of
hearing, or, where no issues are specified, to matters pertinent to
the proposed rule;
(4) To regulate the conduct of those present at the hearing by
appropriate means;
(5) To take official notice of material facts not appearing in the
record, so long as parties are entitled, on timely request, to an
opportunity to show the contrary;
(6) In the presiding officer's discretion, to keep the record open for a
reasonable stated time to receive written recommendations, supporting
reasons, additional data, views, and arguments from any person who
has participated in the hearing; and
(7) The presiding officer shall have authority to administer oaths or
affirmations and to take all other actions necessary to the orderly

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conduct of the hearing.
(d) Each hearing shall be held at the time and place set in the notice of
hearing, but at such time and place the hearing may be continued by the
presiding officer to a later time or date or to a different place without
notice other than an announcement at the hearing. [Eff. 7/12/82]
(Auth: HRS §396-4) (Imp: HRS §396-4)
§12-54-6 Decision. The director shall fully consider all written and
oral submissions respecting the proposed rule or the amendment or repeal of a
rule. The decision may be rendered at the public hearing or an announcement
may be made as to when the department intends to make its decision.
[Eff. 7/12/82] (Auth: HRS §396-4) (Imp: HRS §396-4)
§12-54-7 Emergency rules. In cases of an emergency, the department may
proceed under the imminent peril provisions of chapter 91, HRS, or under the
"Emergency Temporary Standards" provisions of chapter 396, HRS, as the
director may determine. [Eff. 7/12/82] (Auth: HRS §396-4)
(Imp: HRS §396-4)
§12-54-8 Effective date of action on rules. The adoption, amendment, or
repeal of any rule shall take effect in accordance with the provisions of
chapter 91, HRS, provided that any rulemaking under the "imminent peril"
provisions shall take effect in the manner provided; and that "Emergency
Temporary Standards" shall take effect in the manner set forth in chapter
396, HRS. [Eff. 7/12/82] (Auth: HRS §396-4) (Imp: HRS §396-4)
§12-54-9 Construction of chapter. In case of any conflict, ambiguity, or
inconsistency, chapter 91 or 396, HRS, shall supersede and control the
provisions of this chapter. [Eff. 7/12/82] (Auth: HRS §396-4)
(Imp: HRS §396-4)