Bill Text: HI SR72 | 2015 | Regular Session | Amended
Bill Title: Hawaii Administrative Procedure Act; Rule Making Authority; State and County Agencies
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-06-16 - Certified copies of resolutions sent, 06-16-15. [SR72 Detail]
Download: Hawaii-2015-SR72-Amended.html
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THE SENATE |
S.R. NO. |
72 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE RESOLUTION
URGING AGENCIES SUBJECT TO THE HAWAII ADMINISTRATIVE PROCEDURE ACT TO STRICTLY ADHERE TO THE HAWAII ADMINISTRATIVE PROCEDURE ACT DURING THE RULE MAKING PROCESS.
WHEREAS, the Hawaii Administrative Procedure Act, chapter 91, Hawaii Revised Statutes, establishes rule making requirements for certain state and county agencies; and
WHEREAS, section 91-3, Hawaii Revised Statutes, requires that an agency, before adoption, amendment, or repeal of a rule, give at least thirty days' notice of a public hearing; and
WHEREAS, the notice must contain:
(1) A statement of the topic of the proposed rule adoption, amendment, or repeal or a general description of the subjects involved;
(2) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made;
(3) A statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed in person; and
(4) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal; and
WHEREAS, each rule proposed to be adopted, amended, or repealed is subject to approval by the Governor, in the case of state agency rule making, or applicable mayor, in the case of county agency rule making, and if approved, becomes effective ten days after filing with the Lieutenant Governor or county clerk, as applicable; and
WHEREAS, the Hawaii Administrative Procedure Act was enacted to establish procedures, ensure transparency, protect due process rights, and promote sound business practices; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, that all agencies subject to the Hawaii Administrative Procedure Act, chapter 91, Hawaii Revised Statutes, and having rule making authority are urged to strictly adhere to the provisions set forth by the Hawaii Administrative Procedure Act during the rule making, amending, or repealing process, including rule making to modify rates paid by an agency to third parties; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor and Mayor of each county.
Hawaii Administrative Procedure Act; Rule Making Authority; State and County Agencies
