Rulemaking, Declaratory Rulings and Public Records and Information

TITLE 2
LIEUTENANT GOVERNOR
SUBTITLE 1 ADMINISTRATION
CHAPTER 1
RULEMAKING, DECLARATORY RULINGS AND
PUBLIC RECORDS AND INFO.RMATION
§2-1-1 	Definitions
§2-1-2 	Office
§2-1-3 	Public records and information
§2-1-4 	Petition f~ adoption, amendment, or
repeal of rules
§2-1-5 	Public hearing for adoption, amendment, or repeal of rules
§2-1-6 	Petition for declaratory rulings
§2-1-1 Definitions. 	As 	used in this chapter, unless otherwise specifically
indicated:
"Agency" means each state or county board, commission, department, or
officer authorized by law to make rules or to adjudicate contested cases except
those in the legislative or judicial branches.
"Lieutenant gover'1or" means the lieutenant governor of the State of Hawaii.
"Office" means the office of the lieutenant governor.
"Person" 	or . "Persons" 	includes 	individuals, 	partnerships, 	associations,
corporations, public or private organizations of any character other than agencies.
[Eff. 9/30/69; am and ren §2-1-1 	MAR 	1 1 1982 	l(Auth: 	HRS 	S91-2)(1mp:
HRS 591-1)
§2-1-2 Office. 	(a) 	The principal address of the office shall be the Haw.aii
State Capitol Building, Honolulu, Hawaii. 	Unless otherwise specifically provided
by law or by direction of the office, all communications to the office shall be
sent to the Ii eutenant governor at such address.
(b) 	The office shall be open for the transaction of public business between
the hours of 7:45 a.m. to 4:30 p.m., Monday to Friday, inclusive, unless otherwise
provided by statute or ~xecutive order.
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52-1-2
(c) 	The lieutenant governor shall have charge of 	the 	official files 	and
records of the office and shall be responsible for the maintenance and custody
of the same, in addition to all papers and requests, findings and determinations,
reports, opinions, rules and approved forms. 	All orders and other actions of the
office shall be authenticated and signed, or otherwise authorized by the lieutenant
governor or the duly authorized subordinate. 	[Eff.. 9/30/69; am and ren 52-1-2
MAR 	1 1 1982 	l(Auth: HRS S91-2)(Imp:- HRS §80-1)
52-1-3 Public records and information. 	(a) The term 	"public records" as
used in 	this section, shall be 	defined 	as in 	592-50, 	Hawaii 	Revised 	Statutes.
Public records include the rules, written statements of policy or interpretation
formulated, adopted or used by the office, all final opinions, rulings and orders,
the minutes of public meetings of the office, and any other material on file for
public inspection in the office, but public records shall not include records which
invade 	the 	right of privacy of an individual or which are deemed confidential
pursuant to law.
(b) 	All public records shall be available for inspection by the public in
the office during the established office hours 	unless 	public inspection 	of such
records is in violation of any law.
(c) 	A person may request a copy of a public record and shall be entitled
to the same, provided that the person pays the cost thereof, including the cost
of printing and reproduction, publication and mailing, or in the case of a charge
specified by law or by rule, such specified charge.
(d) 	Requests for public information, requests 	for 	perm1ss1on 	to inspect
public 	records 	and 	requests for 	copies of public records 	may be 	made by the
public in writing to the lieutenant governor. 	[Eff. 9/30/69; am and ren §2-1-3
MAR 	1 1 198 2 	l(Auth: HRS S91-2)(Imp: HRS §92-21)
§2-1-4 Petition for adoption, amendment or repeal of rules. 	(a) 	A
petition requesting the adoption, amendment or repeal of any rule of the lieutenant
governor may be filed with the office. 	The petition shall include both the text
of 	the 	affected rule 	according 	to 	the Ramseyer 	format 	and 	the 	text 	of 	the
affected rule in 	its final 	form. 	The 	petition shall also clearly and concisely
state: the exact changes to be made and the reasons for the changes; the final
result to be expected by instituting the proposed adoption, amendment or repeal
of 	the 	rule; 	full 	discloslll'e 	of 	the 	petitioner's interest 	including 	any 	relevant
facts, views, arguments or data. 	The lieutenant governor may serve or require
the petitioner to serve a copy of the petition on other persons or agencies known
to be interested or affected thereby.
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§2-1-4
(b) 	Upon filing, the petition shall be given a docket number and become
a 	matter of public record. 	Within thirty days after the filing of the petition,
the lieutenant 	governor 	shall 	either 	deny 	the 	petition 	in 	writing, 	stating 	the
reasons for the denial, 	or initiate proceedings for 	the adoption, amendment or
repeal of the rule as provided by law.
(c) 	Notwithstanding any 	petition 	or 	the 	disposition 	thereof, 	nothing in
this 	section shall 	operate 	to 	prohibit 	the 	lieutenant 	governor 	from 	adopting,
amending or repealing the rules or from taking any action on any matter disclosed
in the petition. 	[Eff. 9/30/69; am and ren S2-l-4 	MAR 1 1 1982 	1
(Auth: HRS S91-2)(1mp: HRS S91-6)
§2-1-5 Public hearing for adoption, amendment or repeal of rules. 	(a) 	The
lieutenant governor or the duly authorized representative shall preside over the
public hearing for the adoption, amendment or repeal of the rule. 	The hearing
shall afford all interested persons a reasonable opportunity to be heard on matters
relevant 	to 	the 	issues 	involved; 	provided that 	the presiding officer shall have
the authority and responsibility to take all other actions necessary to obtain a
clear and competent record in an orderly manner.
(b) 	The 	hearing shall 	be 	held on 	the 	day 	and 	at 	the 	time 	and 	place
designated in the notice of the hearing. 	A duly noticed hearing may be continued
to a later time or date or to a different place if at the hearing the presiding
officer first 	determines 	that 	the 	public interest 	would 	best 	be served by the
continuance and further, 	that the continuance would not circumvent the spirit
of this section. 	If the hearing is continued, notice of the new hearing shall be
provided by announcing the new date, time and place at the original hearing and
by giving reasonable notice to the public at large.
(c) 	At 	the 	commencement 	of 	the 	hearing, 	the 	presiding 	officer 	shall
identify himself and his staff, read the notice of hearing, and outline briefly the
procedure 	to 	be followed. 	Oral 	or 	written 	testimony 	may 	be 	received 	with
respect 	to the 	matters specified in the notice of hearing and in such order as
the presiding officer shall prescribe.
(d) 	All interested persons shall be given a reasonable opportunity to testify
with respect to the matters specified in the notice 	of 	hearing. 	Every witness
shall, 	before 	testifying, 	state 	his 	or 	her 	name and address, 	whom 	he or she
represents at the hearing, 	and shall give such other information respecting his
or her appearance as the presiding officer may request. 	Every witness shall be
subject 	to 	questioning 	by 	the 	presiding 	officer 	or 	by 	any 	other 	authorized
representative of the office, but no questions or cross-examination by the public
shall be permitted without the presiding officer's permission.
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(e) Unless otherwise specifically ordered by the presiding officer, testimony
taken at the hearing need not be recorded verbatim. 	[Eff. 9/30/69; am and ren §2-
1-5 	MAR 1 1 l982 	l(Auth: HRS §91-2(1mp: HRS §91-3)
52-1-6 Petition for declaratory rulings. 	{a) 	A petition for a declaratory
ruling as to the applicability of any statutory provision or the applicability of
any rule or order of the lieutenant governor may _be filed with the office. 	The
petition shall clearly and concisely state: the pertinent statutory provision, rule
or order; 	the nature of 	the 	problem or controversy; 	a complete statement of
the relevant facts; the remedy being sought; the reasons for the petition including
full disclosure of the petitioner's interest and the effect of the statutory provision,
rule or order on the petitioner.
(b) 	Upon receipt of the filed petition and after an examination of the
contents thereof, the lieutenant governor may conduct a hearing on the matter
or require the petitioner to file additional data or memoranda.
(c) 	After complete review of the petition and 	the record 	thereof, 	the
lieutenant governor may either dismiss or grant the petition, or issue any other
declaratory order or ruling appropriate to the matter. 	[Eff. 9/30/69; am and ren
§2-1-6 	MAR 1 1 1982 	l(Auth: HRS §91-2){1mp: HRS §91-8)
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