11-185

..
State 	Health 	Planning 	and 	Development 	Agency's
Rules 	Adopting 	Chapter 	185 	of 	Title 	11,
Administrative 	Rules
January 	9, 	1981
SUMMARY
1. 	Chapter 	185 	of 	Title 	11, 	Administrative
Rules, 	entitled 	"Rules 	of 	Practice 	and 	Procedure,"
is 	adopted.

..
6\7: £~ 	0£ NVr 	l8.

TITLE 	11
DEPARTMENT 	OF 	HEALTH
STATE 	OF 	HAWAII
STATE 	HEALTH 	PL&"lliING 	AND 	DEVELOPMENT 	AGENCY
'
CHAPTER 	185
RULES 	OF 	PRACTICE 	AND 	PROCEDURE
Subchapter 	1
Sec. 	11-185-1
Sec. 	11-185-2
Sec. 	11-185-3
Sec. 	11-185-4
Sec. 	11-185-5
Sec. 	11-185-6
Sec. 	11-185-7
Sec. 	11-185-8
Sec. 	11-185-9
Sec. 	11-185-10
Sec. 	11-185-11
Sec. 	11-185-12
Sec. 	11-185-13
Sec. 	11-185-14
Sec. 	11-185-15
Sec. 	11-185-16
Sec. 	11-185-17
Sec. 	11-185-18
Sec. 	11-185-19
Subchapter 	2
Sec. 	11-185-30
Sec. 	11-185-31
Sec. 	11-185-32
Sec. 	11-185-33
Sec. 	11-185-34
Sec. 	11-185-35
Sec. 	11-185-36
General 	Provisions
Scope
Definitions
Construction 	of 	rules
Computation 	of 	time
Additional 	time 	after 	notification
by 	mail
Extension 	of 	time
Agency's 	address
Agency's 	business 	hours
Time 	and 	place 	of 	filing 	documents
Method 	of 	filing 	documents
Number 	of 	copies 	filed
Date 	of 	filing
Format 	of 	documents
Agency's 	official 	records
Retention 	of 	documents
Inspection 	of 	public 	records
Copies 	of 	public 	records
Request 	for 	information
Appearance 	before 	the 	agency
Public 	Hearing
Public 	hearing
Hearing 	officer
Disqualification 	of 	hearing
officer
Intervention
Continuance 	of 	public 	hearing
Limitation 	on 	testimony
Fee 	for 	public 	hearing
185-1

Subchapter 	3
Sec. 	11-185-50
Sec. 	11-185-51
Sec. 	11-185-52
Sec. 	11-185-53
Sec. 	11-185-54
Sec. 	11-185-55
Sec. 	11-185-56
Subchapter 	4
Sec. 	11-185-70
Sec. 	11-185-71
Sec. 	11-185-72
Sec. 	11-185-73
Sec. 	11-185-74
Sec. 	11-185-75
Sec. 	11-185-76
Sec. 	11-185-77
Subchapter 	5
Sec. 	11-185-'-'90
Petition 	to 	Adopt, 	Amend, 	or
Repeal 	Rule
Petition 	for 	adoption, 	amendment,
or 	repeal 	of 	rule
Form 	of 	petition
Number 	of 	copies 	filed
Dismissal 	of 	petition
Written 	notification 	of 	petition
Action 	on 	petition
Action 	on 	age~cy's 	motion
Declaratory 	Order
Petition 	for 	declaratory 	order
Form 	of 	petition
Number 	of 	copies 	filed
Dismissal 	of 	petition
Public 	hearing 	on 	petition
Action 	on 	petition
Refusal 	to 	issue 	declaratory
order
Declaratory 	order 	on 	agency's
motion
Miscellaneous 	Provisions
Severability
SUBCH.l\PTER 	1
GENER..l\L 	PROVISIONS
Sec. 	11-185-1 	Scope. 	The 	rules 	in 	this 	chapter
govern 	the 	practice 	and 	procedure 	before 	the 	state
health 	planning 	and 	development 	agency. 	The 	rules
in 	this 	chapter 	are 	applicable 	to 	chapters 	186
through 	189 	of 	this 	title. 	The 	rules 	in 	this 	chapter
are 	adopted 	by 	the 	State~ursHcrrtg~q chapter 	91, 	Hawaii
Revised 	Statutes. 	[Eff~rtB 	u~ 	l 	~I 	] 	(Auth: 	HRS 	Sec.
91- 2) 	( Imp : 	HRS 	Sec . 	91- 2)
Sec. 	11-185-2 	D"efinitions. 	When 	used 	in 	a 	rule
of 	the 	agency, 	unless 	the 	context 	clearly 	requires
otherwise:
"Administrator" 	means 	the 	administrator 	or 	the
acting 	administrator . of 	the 	state 	health 	planning 	and
development 	agency.
185-2

Sec. 	1.-18 5-4
"Agency" 	means 	the 	state 	health 	planning 	and
development 	agency 	established 	in 	chapter 	323D,
Hawaii 	Revised 	Statutes.
"Annual 	implementation 	plan" 	means 	the 	annual
implementation 	plan 	established 	pursuant 	to 	chapter
323D, 	Hawaii 	Revised 	Statutes.
"Person" 	means 	an 	individual 	or 	a 	natural
person, 	a 	trust 	or 	estate, 	a 	society, 	a 	firm, 	an
assembly, 	a 	partnership, 	a 	corporation, 	a 	professional
corporation, 	an 	association, 	the 	State, 	any 	political
subdivision 	of 	the 	State, 	a 	county, 	a 	state 	agency
or 	any 	instrumentality 	of 	the 	State, 	or 	a 	county
agency 	or 	any 	instrumentality 	of 	a 	county.
"Secretary" 	means 	the 	secretary 	of 	the 	United
States 	Department 	of 	Health 	and 	Human 	Services.
"State 	health 	plan" 	means 	the 	state 	health
plan 	established 	pursuant 	to 	chapter 	323D, 	Hawaii
Revised 	Statutes. 	[Eff. FER 	O9 1Q81 	] 	(Auth:
HRS 	Sec. 	91-2) 	(Imp: 	HRS 	~ec. 	9r-2)
Sec. 	11-185-3 	Construction 	of 	rules. 	(a) 	The
caption 	of 	a 	rule 	of 	the 	agency 	is 	for 	reference
only 	and 	is 	not 	to 	be 	construed 	in 	any 	way 	as 	a
part 	of 	the 	rule.
(b) 	Words 	used 	in 	the 	present 	tense 	in 	a 	rule
of 	the 	agency 	include 	the 	future 	tense.
(c) 	The 	singular 	number 	in 	a 	rule 	of 	the
agency 	includes 	the 	plural; 	the 	plural 	number
includes 	the 	singular.
(d) 	The 	word 	"may" 	in 	a 	rule 	of 	the 	agency
is 	permissive.
( e) 	The 	word 	"shal~' 9
iI?r--iA- 1rule 	of 	the 	agency
is 	mandatory. 	[Eff -FE 8 U 	lj~ 	] 	(Auth: 	HRS
Sec. 	91-2) 	(Imp: 	HRS 	Sec. 	91-2)
Sec. 	11-185-4 	Computation 	of 	time. 	In 	comput-
ing 	any · period 	of 	time 	prescribed . or 	allowed 	by 	a
rule 	of 	the 	agency, 	by 	an 	order 	of 	the 	agency, 	or
by 	any 	applicable 	statute, 	the 	period 	of 	time 	begins
with 	the 	day 	following 	the 	act, 	event, 	or 	default.
The 	last 	day 	of 	the 	period 	shall 	be 	included 	unless
it 	is 	a 	Saturday, 	Sunday, 	or 	a 	holiday, 	in 	which 	event
the 	period 	runs 	until 	the 	next 	day 	which 	is 	not 	a
Saturday, 	Sunday, 	or 	holiday. 	When 	the 	period 	of
time 	prescribed 	or 	allowed 	is 	seven 	days 	or 	less,
intermediate 	Saturdays, 	Sundays, 	and 	holidays 	shall
be 	excluded 	in 	the 	computation. 	As 	used 	in 	this
185-3

~ec . 	.L..L-.Ll:l::>-4
section, 	"holiday" 	means 	any 	day 	designated 	as 	such
pursuant 	to 	section 	8-1, 	Hawaii 	Revised 	Statutes.
[Eff. 	F~~ 	0919Al 	] 	(Auth: 	HRS 	Sec. 	91-2)
(Imp: 	ttRS 	Sec. 	~ 	-2)
Sec. 	11-185-5 	Additional 	time 	after 	notification
by mail. 	Whenever 	any 	person 	in 	a 	proceeding 	held
under 	the 	agency's 	rules 	has 	the 	right 	or 	is 	required
to 	do 	some act 	within 	a 	prescribed 	period 	of 	time
after 	the 	agency 	provides 	notification 	to 	the 	person
by mail, 	two 	d~ 	~hatl 	9e 	added 	to _the 	prescribed
time. 	[Eff. 	Ft.jj 	u~ 	~81 	] 	(Auth: 	HRS 	Sec. 	91-2)
(Imp: 	HRS 	Sec. 	91-2)
Sec. 	11-185-6 	Extension 	of 	time. 	Notwithstanding
any 	rule 	of 	the 	agency 	to 	the 	contrary, 	whenever 	any
person 	has 	the 	right 	or 	is 	required 	to 	do 	some 	act
within 	a 	period 	of 	time 	prescribed 	or 	allowed 	by 	a
rule 	of 	the 	agency 	or 	by 	an 	order 	of 	the 	agency, 	the
agency may 	in 	its 	discretion 	and 	upon 	such 	terms 	or
conditions 	as 	the 	agency deems 	proper 	extend 	the
period 	or 	permit 	the 	act 	to 	be 	done 	after 	the 	expira-
tion 	of 	the 	period, 	where 	the 	agency 	determines 	that
the 	person's 	failure 	to 	act 	before 	the 	expiration 	of
the 	period 	i~ clearly 	excusable 	under 	the 	circumstances.
[Eff. 	Fl="R 	O~ 1981 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec: 	91-2)
Sec. 	11-185-7 	Agency's 	address. 	The 	agency's
office 	is 	located 	at 	Room 	205, 	600 	Kapiolani 	3oulevard,
Honolulu, 	Hawaii 	or 	such 	other 	address 	at 	which 	the
agency's 	office 	may 	be 	located 	from 	time 	to 	time.
The 	agency's 	mailing 	address 	is 	Post 	Office 	Box 	3378,
Honolulu, 	Hawaii 	96801. 	(Eff. J:'f:"8 	0 9 1os:q 	]
(Auth: 	HRS 	Sec. 	91-2) 	(Imp: 	BRS 	Sec. 	9':t'-2)
Sec. 	11-185-8 	Agency's 	business 	hours. 	The
agency's 	office 	shall 	be 	open 	from 	7:45 	a.m. 	to 	4:30
p ..m. 	of 	each 	weekday 	unless 	otherwise 	provided 	by
statute 	or 	executive 	order. 	[Eff -F~ 8 0 9 19R1 	]
(Auth: 	HRS 	Sec. 	91-2) 	(Imp: 	HRS 	Sec. 	91-21
Sec. 	11-185-9 	Ti:me 	a-nd 	place 	of 	filing 	docUI!'.ents.
All 	documents, 	including 	applications, 	written 	com-
ments 	on 	applications, 	requests 	for 	opinion, 	submittals,
correspondence, 	information, 	reports, 	memoranda, 	and
any 	other 	papers 	required· or 	permitted 	to 	be 	filed
with 	the 	agency, 	the 	statewide 	council, 	a 	subarea
185-4

. 	11-185-14
council, 	or 	any 	committee 	thereof, 	in 	any 	proceeding
shall 	be 	filed 	at 	the 	agency's 	office 	within 	the 	time
limit, 	if 	any, 	prescribed 	by 	statute, 	~μl,e 	ot 	t~Kl
agency, 	or 	order 	of 	the 	agency. 	[Ef f. rt 8 \J u 	l~t5
(Auth: 	HRS 	Sec. 	91-2) 	(Imp: 	HRS 	Sec. 	91-2)
Sec. 	11-185-10 	Method 	of 	filing 	documents.
Any 	person may 	file 	a 	document 	with 	the 	agency 	by
hand 	delivering 	the 	document 	to 	the 	agency's 	office
or 	by 	mailing 	the 	document 	to 	the 	agency's 	mailing
address. 	If 	the 	document 	is 	mailed, 	the 	correct
postage 	shall 	beyrepaid 	by 	the 	addresser.
[Eff.F[BO9T981 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec. 	91-2)
Sec. 	11-185-11 	Number 	of 	copies 	filed. 	Except
as 	otherwise 	provided 	by 	any 	other 	rule 	of 	the 	agency
or 	an 	order 	of 	the 	agency, 	only 	the 	original 	of
each 	document 	shall 	be 	filed 	with 	the 	agency.
[Eff. 	FERO 9 1981 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec. ~l-2)
Sec. 	11-185-12 	Date 	of 	filing. 	The 	agency
shall 	promptly 	affix 	the 	date 	and 	time 	of 	receipt
to 	the 	original 	of 	each 	document 	received 	by 	the
agency. 	The 	date 	on which 	the 	agency 	receives 	the
document 	spill 	R~ 	deemed 	the 	date 	of 	filing.
[Eff -FEB 	U u 19t) I 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec. 	91-2)
Sec. 	11-185-13 	Format 	of 	documents. 	Each
document 	filed 	with 	the 	agency 	by 	any 	person 	shall
include 	the 	person's 	name 	and 	mailing 	address. 	The
document 	shall 	be 	signed 	in 	ink 	by 	the 	person 	or 	the
person's 	authorized 	agent 	or 	attorney. 	The 	signa-
ture 	of 	the 	person 	signing 	the 	document 	constitutes
a 	certification 	that 	the 	person 	has 	read 	the 	document;
that 	to 	the 	best 	of 	the 	person's 	knowledge, 	informa-
tion, 	and 	belief, 	every 	statement 	contained 	in 	the
document 	is 	true 	and 	no 	statement 	is 	misleading; 	and
that 	the 	document 	is 	not 	interposed 	for 	delay. 	Each
document 	s~aAl 	be 	plainly 	legible.
[Eff. FEB 	V91981 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec. 	91-2)
Sec. 	11-185-14 	Agency's 	official 	records. 	The
administrator 	of 	the 	agency 	shall 	be 	responsible 	for
185-5

Sec. 	11-185-14
the 	custody 	and 	maintenance 	of 	the 	agency's 	official
records. 	The 	agency's 	official 	records 	shall
include 	the 	files 	and 	records 	of 	the 	statewide 	council,
the 	subarea 	councils, 	and 	any 	committee 	thereof. 	The
agency's 	official 	records 	shall 	include 	decisions,
orders, 	opinions, 	rules, 	approved 	forms, 	applications
filed 	with 	the 	agency, 	written 	comments 	on 	the 	appli-
cations 	submitted 	to 	the 	agency, 	the 	statewide 	council,
a 	subarea 	council, 	or 	any 	committee 	thereof, 	papers,
correspondence, 	minutes 	of 	public 	meetings, 	transcripts
of 	testimony, 	and 	any 	exhibits 	filed 	in 	proceedings.
[Eff. 	FER 	U~ 1981 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec . ~ 1- 2 )
Sec. 	11-185-15 	Retention 	of 	documents. 	All
documents 	filed 	with - or 	presented 	to 	the 	agency, 	the
statewide 	council, 	a 	subarea 	council, 	or 	any 	committee
thereof 	shall 	be 	retaine·d 	in 	the 	agency's 	official
records 	for 	the 	period 	required 	by 	law. 	The 	agency
may 	permit 	the 	withdrawal 	of 	an 	original 	document
upon 	submission 	of 	a 	properly 	authenticated 	copy 	to
replace 	the 	original 	document. 	[Eff. FER 	O~ 1981
(Auth:· 	HRS 	Sec. 	91-2 .) 	(Imp: 	HRS 	Sec. 	'9'1-2J
Sec. 	11-185-16 	Inspection 	of 	public 	records.
The 	agency's 	public 	records, 	as 	defined 	in 	chapter 	92,
Hawaii 	Revised 	Statutes, 	including 	all 	applications
filed 	with 	the 	agency, 	all 	written 	comments 	on 	the
applications 	submitted 	to 	the 	agency, 	the 	state-
wide 	council, 	a 	subarea 	council, 	or 	any 	committee
thereof, 	and 	all 	written 	materials 	pertinent 	to
any 	agency 	review, 	shall 	be 	available 	for 	inspection
by 	any 	person, 	in 	the 	manner 	provided 	in 	chapter 	92,
Hawaii 	Revised 	Statutes, 	unless 	the 	records 	are
accorded 	COR~~~~~ial 	treatment 	pursuant 	to 	law.
(Eff. 	FEB 	v~ 	I~~, 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec. 	91-2)
Sec. 	11-185-17 	Copies 	of 	public 	records. 	The
agency 	shall 	furnish 	copies 	of 	the 	agency's 	public
records 	to 	any 	person 	upon 	payment 	of 	the 	statutory
fee; 	provided 	that 	payment 	of 	the 	statutory 	fee 	shall
not 	be 	requi.red 	of 	any 	department 	or 	agency 	of 	the
state 	~overwi1~nt 	or 	a 	county 	government.
[Eff. 	t-EB 	U;:J 1981 	] 	(Auth: 	HRS 	Sec. 	9-1-2) 	(Imp:
HRS 	Sec. 	91-2)
185-6

<. 11-185-32
Sec. 	11-185-18 	Request 	for 	information. 	Any
person 	may 	request 	information 	on 	any 	matter 	relating
to 	the 	agency 	by 	inquiring 	during 	regular 	business
hours 	at 	the 	agency's 	office 	or 	by 	sub~~tting
1
a
081	written 	request 	to 	the 	agency. 	[Eff. 	t- t 8 	\.i ~ 	.J
(Auth: 	HRS 	Sec. 	91-2) 	(Imp: 	HRS 	Sec. 	91-2)
Sec. 	11-185-19 	Appearance 	before 	the 	agency.
In 	any 	proceeding 	before 	the 	agency, 	any 	person 	may
appear 	in 	his 	or 	her 	own 	behalf . or 	the 	person 	may 	be
represented 	by 	or 	with 	an 	attorney 	or 	another 	person
designated 	as 	a 	representative. 	If 	a 	person 	is
represented 	by 	an 	attorney, 	the 	attorney 	shall 	be
licensed 	to 	practice 	law 	by 	the 	Supreme 	Court 	of
Hawaii. 	The 	agency 	may 	at 	any 	time 	require 	any
person who 	is 	appearing 	in 	a 	representative 	capacity
to 	show 	his
0
~r tx~ 	authority 	to 	act 	in 	that 	capacity.
[Eff. 	FEB 	'j 1~tsl 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec. 	91-2) 	•
SUBCHAPTER 	2
PUBLIC 	HEARING
Sec. 	11-185-30 	Public 	hearing. 	At 	any 	public
hearing 	held 	by 	the 	agency, 	any 	person 	shall 	have
the 	right 	to 	present 	oral 	or 	written 	arguments 	and
evidence 	relevant 	to 	the 	matter 	which 	is 	the 	subject
of 	the 	hearing. 	Any 	person 	may 	conduct 	reasonable
questioning 	of 	persons 	who 	make 	factual 	allegations
relevant 	to 	the 	matter 	which 	is 	the 	subject 	of 	the
hearing. 	[Eff. 	FEB 	C9 1981 	] 	(Auth: 	HRS 	Sec.
323D-62) 	(Imp: 	HRS 	Sec. 	323D-12)
Sec. 	11-185-31 	Hearing 	officer. 	The 	agency
shall 	designate 	the 	hearing 	officer 	who 	shall 	preside
at 	the 	public 	hearing. 	The 	hearing 	officer 	shall
have 	authority 	to 	take 	any 	and 	all 	actions 	necessary
to 	the 	orderctY.. a~f 	just 	conduct 	of 	the 	hearing.
[Eff. FEB 	UJ 	19ts 	] 	(Auth: 	HRS 	Sec. 	323D-62)
(Imp: 	HRS 	Sec. 	323D-12)
Sec. 	11-185-32 	Disqualification 	of 	hearing
officer. 	(a) 	No 	hearing 	officer 	shall 	preside 	at
any 	public 	hearing 	relating 	to 	any 	matter 	in which
the 	hearing 	officer, 	the 	hearing 	officer's 	spouse,
or 	the 	hearing 	officer's 	child 	has 	(or 	within 	the
185-7

twelve 	months 	preceding 	the 	hearing, 	had) 	any 	substan-
tial 	ownership, 	directorship, 	officership, 	employment,
prospective 	employment 	for 	which 	negotiations 	have
begun, 	medical 	staff, 	fiduciary, 	contractual,
creditor, 	debtor, 	consultative, 	pecuniary, 	or 	business
interest.
(b) 	Where 	any 	other 	conflict 	of 	interest 	exists,
the 	hearing 	officer 	shall 	be 	disqualified 	from 	pre-
siding 	at 	the 	public 	hearing. 	The 	provisions 	of
chapter 	84, 	Hawaii 	Revised 	Statutes, 	and 	the 	decisions,
advisory 	opinions, 	and 	informal 	advisory 	opinions 	of
the 	state 	ethics 	commission 	shall 	serve 	as 	guidelines 	in
determining 	whether 	a 	conflict 	of 	interest 	exists.
[Eff. 	FER 	O9 1Q81 	] 	(Auth: 	HRS 	Sec. 	323D-62) 	(Imp:
HRS 	Sec. 	~23D-11)
Sec. 	11-185-33 	Intervention. 	(a) 	Any 	person
not 	a 	party 	to 	the 	public 	hearing 	may 	seek 	to 	become
a 	party 	by 	filing 	a 	motion 	for 	leave 	to 	intervene.
The 	motion 	shall 	state 	the 	grounds 	upon 	which 	the
person 	claims 	to 	have 	an 	interest 	in 	the 	proceeding.
At 	least 	ten 	days 	before 	the 	hearing, 	the 	person
shall 	file 	the 	motion 	with 	the 	agency 	and 	shall
serve 	the 	motion 	upon 	all 	parties 	or 	their 	attorneys.
Except 	for 	good 	cause 	shown, 	the 	hearing 	officer
shall 	disregard 	any 	motion 	that 	is 	not 	timely 	filed
and 	served.
(b) 	The 	hearing 	officer 	may 	permit 	intervention
if 	the 	hearing 	officer 	determines:
(1) 	That 	the 	person 	seeking 	to 	become 	a
party 	may 	be 	bound 	by 	the 	decision
to 	be 	issued 	in 	the 	proceeding 	or 	has
a 	property 	or 	financial 	interest 	that
may 	not 	be 	adequately 	represented 	by
existing 	parties; 	and
(2) 	That 	intervention 	will 	not 	unduly
broaden 	the 	issues 	or 	delay 	the 	public
hearing.
(c) 	The 	hearing 	officer 	may 	permit 	intervention
to 	such 	extent 	and 	upon 	such 	terms 	as 	the 	hearing
officer 	may 	deem 	proper. 	[Eff. 	FEA 	O9 1081 	l
(Auth: 	HRS 	Sec. 	323D-62) 	(Imp: 	l:!F.S 	Sel:r. 	323D-12)
Sec. 	11-185-34 	Continuance 	of 	public 	hearing.
The 	public 	hearing 	shall 	be 	held 	at 	the 	time 	and 	place
set 	in 	the 	notice 	of 	hearing, 	but 	for 	good 	cause 	shown
the 	hearing 	officer 	may 	at 	such 	time 	and 	place 	con-
tinue 	the 	hearing 	from 	day 	to 	day 	or 	adjourn 	the
hearing 	to 	a 	later 	date 	or 	to 	a 	different 	place 	without
185-8

~. 	11-185-52
notice 	other 	than 	the 	announcement 	thereof 	at 	the
hearing. 	(Eff.Fl='A 	U81981 	] 	(Auth: 	HRS 	Sec.
323D-62) 	(Imp: 	1I~S 	Sec. 	323D-12)
Sec. 	11-185-35 	Limitation 	on·testimony. 	To 	avoid
unnecessary 	cumulative 	evidence 	at 	the 	public 	hearing,
the 	hearing 	officer 	may 	limit 	the 	time 	for 	witnesses
to 	testify 	upon 	a 	particular 	issue.
(Eff.crg 	() Q 10~1 	] 	(Auth: 	HRS 	Sec. 	323D-62)
HRS 	sec-. 	3~3b-lt) (Imp:
Sec. 	11-185-36 	Fee 	for 	public 	hearing. 	The
agency 	shall 	not 	impose 	any 	fee 	for 	the 	public 	hearing.
(~ff. 	Fr A 	O9 19A1 	] 	(Auth: 	HRS 	Sec. 	323D-62)
{Imp: 	&RS 	Sec. 	j23D-12)
SUBCHAPTER 	3
PETITION 	TO 	ADOPT, 	AMEND, 	OR 	REPEAL 	RULE
Sec. 	11-185-50 	Petition 	for 	adoption, 	amendment,
or 	repeal 	of 	rule. 	Any 	interested 	person 	may 	file 	with
the 	agency 	a 	petition 	requesting 	the 	agency 	to 	adopt,
amend, 	or 	repeal 	any 	rule. 	[Eff. 	f:" ~ 8 0 9 1QQ '/ 	]
(Auth: 	HRS 	Sec. 	91-6) 	(Imp: 	HR~ 	~ec. 	~l~
Sec. 	11-185-51 	Form 	of 	petition. 	The 	petition
requesting 	the 	agency 	to 	adopt, 	amend, 	or 	repeal 	any
rule 	shall 	be 	in 	writing 	and 	shall 	include:
(1)
(2)
(3)
(4)
( 5)
( 6)
The 	petitioner's 	name, 	mailing 	address, 	and
telephone 	number;
The 	petitioner's 	signature 	or 	the 	signature
of 	the 	petitioner's 	authorized 	representa-
tive 	or 	attorney;
A statement 	of 	the 	nature 	of 	the 	petitioner's
interest;
A draft 	or 	substance 	of 	the 	proposed 	rule 	or
amendment 	or 	a 	designation 	of 	the 	rule
sought 	to 	~e 	repealed;
A statement 	of 	the 	reason 	or 	reasons 	in
support 	of 	the 	proposed 	rule, 	amendment, 	or
repeal; 	and
Any 	other 	information
petition. 	[Eff. 	FEB
HRS 	Sec. 	93.-6) 	(Imp: 5elevant 	to 	the
9 19 81 	] 	(Au th :
HRS 	Sec. 	91-6)
Sec. 	11-185-52 	Number 	of 	copies 	filed. 	The
petitioner 	shall 	file 	with 	the 	agency 	the 	original
185-9

and 	ten 	copies 	of 	t~e 	petition 	requesting 	the 	agency 	to
adopt, 	amend, 	or 	repeal 	any 	rule. 	[Eff{i:-8 	081981 	]
(Auth: 	HRS 	Sec. 	91-6) 	(Imp: 	HRS 	Sec. 	9!-6)
Sec. 	11-185-53 	Dismissal 	of 	petition. 	The 	agency
may 	dismiss 	any 	petition 	requesting 	the 	agency 	to 	adopt,
amend, 	or 	repeal 	any 	rule 	that 	fails 	to 	comply 	with 	the
requirements 	of 	section 	11-185-51.
[Eff. C'J:'8 	Q9 1981 	] 	(Auth: 	HRS 	Sec. 	91-6) 	(Imp:
HRS 	sed-: 	9I-6)
Sec. 	11-185-54 	Written 	notification·of 	oetition.
At 	the 	agency's 	discretion 	anaupon 	wr1tten 	notice 	to
the 	petitioner, 	the 	agency 	may 	provide 	written 	notification
of 	the 	petition 	requesting 	the 	agency 	to 	adopt, 	amend, 	or
repeal 	any 	rule 	to 	any 	person 	or persons 	for 	review 	and
recommendations 	on 	the 	petition.
[Eff. FEB 	U9 1981 	] 	(Auth: 	HRS 	Sec. 	91-6) 	(Imp:
HRS 	Sec. 	91-6)
Sec. 	11-185-55 	Action 	on 	petition. 	Within 	thirty
days 	after 	the 	petition 	requesting · the 	agency 	to 	adopt,
amend, 	or 	repeal 	any 	rule 	is 	filed, 	the 	agency 	shall
file 	a 	written 	ruling 	denying 	the 	petition 	and 	stating
the 	agency's 	reason 	or 	reasons 	for 	the 	denial 	or 	the
agency 	shall 	initiate 	proceedings 	in 	accordance 	with
chapter 	91, 	Hawaii 	Revised 	Statutes, 	for 	the 	adoption,
amendment, 	or 	repeal 	of 	the 	rule. 	In 	either 	event, 	the
agency 	shall 	send 	written 	notification 	of 	the 	agency's
action 	to 	the 	petitioner 	by 	certified 	mail, 	return
receipt 	requested. 	[Eff. 	FJ:A 	U~ 1981 	] 	(Auth: 	HRS
Sec. 	91-6) 	(Imp: 	HRS 	Sec. ~t-6)
Sec. 	11-185-56 	Action 	on 	agency's 	motion.
Nothing 	in 	this 	chapter 	shall 	operate 	to 	prevent 	the
agency, 	on 	its 	own 	motion, 	from 	acting 	on 	any 	matter
disclosed 	in 	any 	petition 	requesting 	th~~~eJil\CrY 1
t.o
81	adopt, 	amend, 	or 	repeal 	any 	rule .. 	[Eff rt tj 	U ~ 	~
(Auth: 	HRS 	Sec. 	91-6) 	(Imp: 	H~S 	Sec. 	91-6)
SUBCHAPTER 	4
DECLARATORY 	ORDER
Sec. 	11-185-70 	Petition 	for 	declaratory order.
Any 	interested 	person 	may 	file 	with 	the 	agency 	a
petition 	for 	a 	declaratory 	qrder 	as 	to 	the 	applica-
185-10

sr - 11-18 5-14
bility 	of 	any 	statutory 	provision 	administered 	by 	the
agency 	or of 	an,r, 	rule 	or 	order 	of 	the 	agency.
[Eff. FEB 	v ·0 1~81 	] 	(Auth: 	HRS 	Sec. 	91-8)
(Imp: 	HRS 	Sec. 	91-8)
Sec. 	11-185-71 	Form of 	petition. 	The 	petition
for 	a 	declaratory 	order 	shall 	be 	in 	writing 	and 	shall
include:
(1)
( 2)
( 3)
(4)
(5)
(6)
The 	petitioner's 	name, 	mailing 	address, 	and
telephone 	number;
The 	petitioner's 	signature 	or 	the 	signature
of 	the 	peti tione.r' s 	authorized 	representa-
tive 	or 	attorney;
A designation 	of 	the 	specific 	statutory 	pro-
vision, 	rule, 	or 	order 	in 	question, 	together
with 	a 	statement 	of 	the 	controversy 	or 	uncer-
tainty 	involved;
A statement 	of 	the 	petitioner's 	interest 	in
the 	subject 	matter, 	including 	the 	reason 	or
reasons 	for 	submission 	of 	the 	petition;
A statement 	of 	the 	petitioner's 	position 	or
contention; 	and
A memorandum of 	authorities 	containing 	a
full 	discussion 	of 	reasons 	and 	legal
authorities 	in 	support 	of 	the 	petitioner's
position 	or 	contention.
[Eff. 	rFB 	O9 1981 	] 	(Auth: 	HRS, Sec. 	91-8)
(Imp: 	HRS 	Sec. 	91-8)
Sec. 	11-185-72 	Number 	of
petitioner 	shall 	file 	with 	the
ten 	copies 	of 	the 	petition 	for
[Eff. 	FEB 	O9 1981 	] 	(Au th =
copies 	filed. 	The
agency 	the 	original 	and
a 	declaratory 	order.
HRS 	Sec. 	91-8) 	(Imp:
HRS 	Sec. 	91-8)
Sec. 	11-185-73 	Dismissal 	of 	petition. 	The
agency 	may 	dismiss 	any 	petition 	for 	a 	declaratory
order 	that 	fails 	to 	comply 	with 	the 	requirements 	of
section 	11-185-71. 	[Eff. J:"FB 	O9 19A1 	] 	(Auth:
HRS 	Sec. 	91-8) 	(Imp: 	HRS 	Sec. 	91-ff')
Sec. 	11-185-74 	Public 	hearing 	on 	petition.
There 	is 	no right 	to 	a 	public 	hearing 	on 	the 	petition
for 	a 	declaratory 	order. 	At 	its 	discretion, 	the
agency may 	hold 	a 	public 	hearing 	on 	the 	petition
before 	the 	agenc~Ftvesoi~gwritten 	ruling 	on 	the
petition. 	[Eff. 	t!j 	VJ 	l~f 	I 	] 	(Auth: 	HRS 	Sec. 	91-8)
(Imp: 	HRS 	Sec. 	91-8)
185-11

Seo .. 11-185-75
Sec. 	11-185-75 	Action 	on 	petition. 	Within 	forty-
five 	days 	after 	the 	petition 	for 	a 	declaratory 	order 	is
filed, 	the 	agency 	shall 	file 	a 	written 	ruling 	on 	the
petition. 	The 	ruling 	shall 	deny 	the 	petition, 	stating
the 	agency's 	reason 	or 	reasons 	for 	the 	denial, 	or 	the
ruling 	shall 	be 	a 	declaratory 	order 	on 	the 	matters 	in
the 	petition. 	The 	agency 	shall 	send 	the 	ruling 	to 	the
petiti,9μ~rrPM 	~fified 	mail, 	return 	receipt 	requested.
[Eff. t-tlj 	U~ 	l~O 	] 	(Auth: 	HRS 	Sec. 	91-8) 	(Imp:
HRS 	Sec. 	91-8)
Sec. 	11-185-76 	Refusal 	to 	issue 	declaratory
order. 	The 	agency 	may, 	for 	good 	cause, 	refuse 	to
issue 	a 	declaratory 	order. 	Good 	cause 	includes, 	but
is 	not 	limited 	to, 	a 	finding 	by 	the 	agency 	that:
(1) 	The 	question 	is 	speculative 	or 	purely
hypothetical 	and 	does 	not 	involve
existing 	facts 	or 	facts 	that 	can
reasonably 	be 	expected 	to 	exist 	in
the 	near 	future;
(2) 	The 	petitioner's 	interest 	is 	not 	of
the 	type 	that 	would 	give 	the 	petitioner
standing 	to 	maintain 	an 	action 	if 	the
petitioner 	were 	to 	seek 	judicial 	relief;
(3) 	The 	issuance 	of 	the 	declaratory 	order
may 	adversely 	affect 	the 	interests 	of
the 	agency 	or 	any 	of 	its 	employees 	in
litigation 	that 	is 	pending 	or 	may
reasonably 	be 	expected 	to 	arise; 	or
(4) 	The 	matter 	is 	not 	within 	the 	jurisdiction
of 	the 	agency. 	[Eff. f 1=' 8 Oa 1001 	1
(Auth: 	HRS 	Sec. 	91-8 	(Imp~ 	· HRS 	Sec. 	91-8)
Sec. 	11-185-77 	Declaratory 	order 	on 	agency's
motion. 	Nothing 	in 	this 	chapter 	shall 	operate 	to
prevent 	the 	agency, 	on 	its 	own 	motion, 	from 	issuing 	a
declaratory 	or~er 	to 	termir,.at~ ~ i 6O-tt"-1-q:-fversy or 	to
remove 	uncertainty. 	[Ef f. 	t- t t5 	V v 	ljtj 	] 	(Auth:
HRS 	Sec. 	91-8) 	(Imp: 	HRS 	Sec. 	91-8)
SUBCHAPTER 	5
MISCELLANEOUS 	PROVISIONS
Sec. 	11-185-90 	Severability. 	If 	any 	provision 	of
this 	chapter, 	or 	the 	application 	thereof 	to 	any 	person
or 	circumstance 	is 	held 	invalid, 	the 	invalidity 	does
185-12

11-185-90
not 	affect 	other 	provisions 	or 	applications 	of 	the
chapter 	which 	can 	be 	given 	effect 	without 	the
invalid 	provision 	or 	application, 	and 	to 	this 	end
the 	provisi9.ns 	~f 	this 	chapter 	are 	severable.
[Eff. 	FEB 	V ~ 1j81 	] 	(Auth: 	HRS 	Sec. 	91-2) 	(Imp:
HRS 	Sec . 	91- 2 )
185-13

0 	0

..
\\\\
\
r
The 	State 	Health 	Planning 	and 	Development 	Agency
authorized 	the 	adoption 	of 	Chapter 	185 	of 	Title 	11,
Administrative 	Rules, 	on 	January 	9, 	1981 	following
public 	hearings 	held 	on 	Oahu 	on 	December 	10, 	1980,
on 	Kauai 	on 	December 	10, 	1980, 	on 	Maui 	on 	December 	9,
1980, 	and 	on 	Hawaii 	on 	December 	8, 	1980, 	after 	public
notice 	was 	published 	in 	The 	Honolulu 	Advertiser 	on
November 	15, 	1980, 	in 	The 	Garden 	Island 	on 	November 	19,
1980, 	in 	The 	Maui 	News 	on 	November 	17, 	1980, 	and 	in
The 	Hawaii 	Tribune-Herald 	on 	November 	17, 	1980.
Chapter 	185 	of 	Title 	11, 	Administrative 	Rules,
shall 	take 	effect 	ten 	days 	after 	filing 	with 	the
Office 	of 	the 	Lieutenant 	Governor.
APPROVED 	AS 	TO 	FORM:
\
eputy 	Attorney 	General
'\''
SWENSON
inistrator
ate 	Health 	Planning 	and
evelopment 	Agency
APPROVED:
G 	RGE 	R. 	ARIYOSHI
GOVERNOR
STATE 	OF 	HAWAII

0 	0 . . .