Hawaii Administrative Rules, Title 6 — Department of Budget and Finance

FINANCIAL ADMINISTRATION DIVISION FINANCIAL ADMINISTRATION DIVISION

Chapter 1 PUBLIC RECORDS; ADMINISTRATIVE PROCEDURES; RECEIVING AND PAYING HOURS

Subchapter 2 ADMINISTRATIVE PROCEDURES

Haw. Code R. § 6-1-10 Adoption, amendment, or repeal of rules

(a) Any person may petition the director for the adoption, amendment, or repeal of any rule of the department. The petition shall be submitted in duplicate and delivered to the department in the state capitol during regular business hours. The petition need not be in any special form but shall contain:

(1) A statement of the nature of each petitioner's interest;

(2) A draft or the substance of the proposed rule or amendment or repeal and a designation of any existing rules affected by the petition;

(3) An explicit statement of the reasons in support of the proposed rule, amendment, or repeal;

(4) Any other information relevant to the petition;

(5) The name, address, and telephone number of each petitioner; and

(6) The signature of each petitioner.

(b) Any petition which does not conform to the foregoing requirements shall be rejected by the director.

(c) Upon receipt of the petition, the director shall cause it to be dated to determine the date of submission.

(d) Within thirty days after the receipt of the petition, the director shall either deny the petition in writing, stating reasons for the denial, or initiate proceedings in accordance with section 91-3 HRS, for the adoption, amendment, or repeal of the rule.

History

• [Eff JUL 13 1981] (Auth: HRS § 26-38, § 91-6) (Imp: HRS § 91-6)

Haw. Code R. § 6-1-11 Petition for declaratory ruling

(a) Any interested person may petition the director for a declaratory order as to the applicability of any statutory provision administered by the director or of any rule or order of the director.

(b) The petition shall be submitted in duplicate and delivered to the department in the state capitol during regular business hours. The petition need not be in any special form but shall contain:

(1) A statement of the nature of each petitioner's interest, including reasons for the submission;

(2) A designation of the specific statutory provision, rule, or order in question;

(3) A complete statement of the facts;

(4) A statement of the interpretation given the statutory provision, rule, or order by the petitioner;

(5) A memorandum containing the reasons, including any legal authorities, in support of the interpretation of the petitioner;

(6) The name, address, and telephone number of each petitioner; and

(7) The signature of each petitioner.

(c) Any petition which does not conform to the foregoing requirements shall be rejected by the director.

(d) The director, without notice or hearing, may refuse to issue a declaratory order. Without limiting, the generality of the foregoing, the director may so refuse where:

(1) The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future; or

(2) The petitioner's interest is not of the type which would give standing to maintain an action in a court of law; or

(3) The issuance of the declaratory order may adversely affect the interest of the State of Hawaii in any litigation which is pending or may reasonably be expected to arise; or

(4) The petition requests a ruling on a statutory provision not administered by the department or the matter is not otherwise within the jurisdiction of the department.

(e) Where any question of law is involved, the agency may refer the matter to the attorney general.

(f) Within thirty days after submission of the petition, the director shall either deny the petition, stating the reasons for the denial, or issue a declaratory ruling.

(g) The director may order a hearing on the declaratory ruling. Any petitioner who desires a hearing on a petition for a declaratory ruling shall include in the request the reasons why the matters alleged in the petition, together with supporting affidavit or other written evidence and briefs or memoranda of legal authorities, will not permit the fair and expeditious disposition of the petition.

(h) Orders disposing of petitions shall be applicable only to the fact situation alleged in the petition or as set forth in the order. They shall not be applicable to different fact situations or where additional facts not considered in the order exists.

History

• [Eff JUL 13 1981] (Auth: HRS § 26-38, 91-3) (Imp: HRS § 91-8)

Haw. Code R. §§ 6-1-12 to 6-1-19 Reserved

Subchapter 3 RECEIVING AND PAYING HOURS

Haw. Code R. § 6-1-20 Receiving and paying hours

The receiving and paying hours of the department shall be from 9 a.m. to 3 p.m. on all business days.

History

• [Eff FEB 07 1994] (Auth: HRS § 26-38) (Imp: HRS § 80-3)