Rules of the Comptroller

TITLE 3
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
CHAPTER 1
RULES OF THE COMPTROLLER, DEPARTMENT OF
ACCOUNTING AND GENERAL SERVICES RELATING
TO RULEMAKING PROCEEDINGS, DECLARATORY
RULINGS AND PUBLIC RECORDS AND INFORMATION
Sec. 3-1-1 Definitions
Sec. 3-1-2 The department
Sec. 3-1-3 Public records and information
Sec. 3-1-4 Petitions for adoption, amendment or repeal
of rules and regulations
Sec. 3-1-5 Conduct of public hearing on proposed
adoption, amendment or repeal of rule
or regulation
Sec. 3-1-6 Petition for declaratory rulings
Sec. 3-1-7 Effective date
Historical Note: Chapter 1 of Title 3, Administrative
Rules, is based substantially upon Rules of the
Comptroller, Department of Accounting and General
Services Relating to Rulemaking Proceedings, Declaratory
Rules and Public Information. [Eff. 12/19/69; MAR 30 1981
R MAR 30 1981]
Sec. 3-1-1 Definitions. As used in these rules,
unless the context otherwise specifically requires:
"Comptroller" means the state comptroller of the
department of accounting and general services.
"Department" means the department of accounting
and general services.
"Person" or "persons" include individual,
partnership, corporation, association, or public or
private organization of any character other than a
state or county board, commission, department, or
officer authorized by law to make rules, except those
in the legislative or judicial branches. [Eff.
Mar 30 1981] (Auth: HRS Sec. 26-38) (Imp: HRS
Sec. 91-1)
Sec. 3-1-2 The Department. (a) The principal
office of the department is at Honolulu, Hawaii. Unless
otherwise specifically provided by law or by direction
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Sec. 3-1-2
of the department, all communications to the department
shall be sent to the Comptroller, Department of Accounting
and General Services, 1151 Punchbowl Street, Honolulu,
Hawaii 96813.
(b) The offices of the department shall be open from
7:45 a.m. to 4:30 p.m. of each workday except Saturday,
unless otherwise provided by statute or executive order.
(c) The comptroller shall have charge of the
department's official records and shall be responsible for
the maintenance and custody of the files and records of
the department, including the minutes of hearings and
exhibits, all papers and requests filed in proceedings,
the minutes of all actions taken by the department and
all its findings, determinations, reports, opinions,
rules, regulations and approved forms. All orders and
other actions of the department shall be authenticated,
signed or otherwise authorized by the comptroller or his
duly authorized subordinate.
(d) All documents required to be filed with the
department shall be filed in the office of the comptroller
within such time limits as prescribed by law or by rules,
regulations, or orders of the department. [Eff.
Mar 30 1981] (Auth: HRS Secs. 26-38, 91-2) (Imp: HRS
Secs. 26-38, 91-2)
Sec. 3-1-3 Public records and information. (a) The
term "public records" as used in this section is defined
as in Section 92-50, Hawaii Revised Statutes, and shall
include all rules, regulations, written statements of
policy or interpretation formulated, adopted or used by
the department, all final opinions, rulings and orders
and any other material on file for public inspection in
the department unless accorded confidential treatment
pursuant to law.
(b) All public records shall be available for
inspection in the department, during established office
hours unless public inspection of such records is in
violation of any state or federal law; provided that, except
where such records are made available for inspection by
rule of court, the attorney general may determine which
records may be withheld from public inspection when such
records pertain to the preparation or defense of any
action or proceeding prior to its commencement, to which
the State is or may be a party, or when such records do
not relate to a matter in violation of law or their
confidential treatment is necessary for the protection of
the character, reputation or business of any person.
(c) Public records printed or reproduced by the
department shall be given to any person requesting the same
and paying the cost including the cost of publication and
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Sec. 3-1-4
mailing of reproduction, or in the case of a charge
specified by law or by other regulation, such specified
charges.
(d) Requests for public information, for permission
to inspect official records or for copies of public
records shall be made in writing to the comptroller and
shall be handled with due regard for the policies and
procedures of the respective programs and the dispatch
of other public duties. [Eff. MAR 30 1981] (Auth:
HRS Sec. 26-38) (Imp: HRS Secs. 91-2, 92-50, 92-51)
Sec. 3-1-4 Petitions for adoption, amendment or
repeal of rules and regulations. (a) Any interested
person or any agency of the state or county government
may petition the comptroller for the adoption,
amendment, modification or repeal of any rule or
regulation. For the purpose of this section, such
petitions shall be considered as part of the
rulemaking proceedings.
(b) Such petition for rulemaking shall set forth
the text of any proposed rule or regulation or
amendment desired or specifying the rule or regulation
the repeal of which is desired and stating concisely
the nature of his interest in the subject matter and
his reasons for seeking the adoption, amendment or
repeal of the rule or regulation and shall include any
facts, views, arguments and data deemed relevant by
the petitioner. The comptroller may also require the
petitioner to serve other persons or governmental
agencies known to be interested in the proposed
rulemaking.
(c) Upon filing, such petitions for the rulemaking
shall be given a docket number and will become matters
of public record upon filing. The comptroller shall
within thirty days following the filing of the petition
either deny the petition in writing or initiate
proceedings for the adoption, amendment or repeal of
the rule or regulation as provided by law. No public
hearing, oral arguments, or other form of proceedings
will be held directly on any such petition. If the
comptroller determines that the petition does not
disclose 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 these rules, the comptroller shall deny
the petition and the petitioner shall be so notified.
The provisions of this section shall not prevent the
comptroller, on an independent motion, from acting on
any matter disclosed in any petition. [Eff. MAR 30 1981]
(Auth: HRS Sec. 26-38) (Imp: HRS Sec. 91-6)
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Sec. 3-1-5
Sec. 3-1-5 Conduct of public hearing on proposed
adoption, amendment or repeal of rule or regulation.
(a) Each public hearing on proposed adoption,
amendment or repeal of a rule or regulation shall be
presided over by the comptroller or by his duly
authorized representative. The hearing shall be
conducted in such a way to afford interested persons
a reasonable opportunity to be heard on matters
relevant to the issues involved and to obtain a clear
and orderly record. The presiding officer shall have
authority to administer oaths or affirmations and to
take all other actions necessary to assure the orderly
conduct of the hearing.
(b) Each hearing shall be held at the time and place
set in the notice of hearing. The hearing may be
continued by the presiding officer to a later time or
date or to a different place without notice other than
the announcement made at the hearing.
(c) At the commencement of the hearing, the presiding
officer shall read the notice of hearing and shall then
outline briefly the procedure to be followed. Evidence
shall then be received with respect to the matters
specified in the notice of hearing in such order as the
presiding officer shall prescribe.
(d) All interested persons shall be given reasonable
opportunity to offer evidence with respect to the matters
specified in the notice of hearing. Every witness shall,
before proceeding to testify, state his name, address
and whom he represents at the hearing, and shall give such
other information respecting his 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 department,
but cross-examination by private persons shall not be
permitted without the presiding officer's permission.
(e) Unless otherwise specifically ordered by the
presiding officer, testimony given at the hearing shall
not be reported verbatim. [Eff. MAR 30 1981] (Auth:
HRS Secs. 26-38, 91-2) (Imp: HRS Sec. 91-3)
Sec. 3-1-6 Petition for declaratory rulings. (a) On
petition of an interested person, the comptroller may
issue a declaratory order as to the applicability of any
statutory provision administered by the department or of
any rule or regulation or order of the comptroller.
Petitions for the issuance shall state clearly and
concisely the controversy or uncertainty, shall cite the
statutory authority involved, shall include a complete
statement of the facts and the reasons prompting the
petition, together with full disclosure of petitioner's
interest.
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Sec. 3-1-6
(b) Upon receipt of the petition, the comptroller
may require the petitioner to file additional data or
memoranda in support of the position taken by the
petitioner.
(c) The comptroller may, without notice or hearing,
dismiss a petition for declaratory ruling for want of
a substantial question or for material failure to
comply with the requirements of this section.
(d) Although no hearing need be granted to the
petitioner or to any interested person in the usual
course of disposition of a petition for a declaratory
ruling, the comptroller may order a hearing on the
disposition of the petition if petitioner submits a
written request therefor stating in detail why a hearing
is necessary for a fair consideration of the need for
a declaratory ruling on the matter stated in the
petition.
(e) Notwithstanding any other provisions of this
section, the comptroller may, upon request or an
independent motion but without notice or hearing, issue
a declaratory order to terminate a controversy or to
remove uncertainty. [Eff. MAR 30 1981] (Auth: HRS
Secs. 26-38, 91-8) (Imp: HRS Sec. 91-8)
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Chapter 1, Title 3, Administrative Rules, were
adopted on MAR 19 1981 following a public hearing
held on February 13, 1981, after public notice was
given in the Honolulu Star Bulletin and Honolulu
Advertiser on January 22, 1981.
3. These rules shall take effect ten days after
filing with the Office of the Lieutenant Governor.
/S/_______________________
HIDEO MURAKAMI
Comptroller
APPROVED:
/S/_______________________
GEORGE R. ARIYOSHI
GOVERNOR
STATE OF HAWAII
Dated: March 19, 1981
APPROVED AS TO FORM:
/S/___________________________
Deputy Attorney General
Lt. GOVERNOR'S OFFICE
1981 MAR 19 PM 4:29
REC'D BY
Filed

§3-1-3
Notice of Change
02/09/96
The list of sections implemented by §3-1-3, Hawaii
Administrative Rules, is changed to read as follows:
(Imp: HRS Sec. 91-2)
1923 iiii