REPORT TITLE:

Administrative Rules

DESCRIPTION:

Ensures that whenever an administrative rule is adopted, amended, or repealed, the rule conforms to the related statutes. Gives the head of the agency affected by administrative rules more accountability for compliance and conformity to statutes. Extends the sunset date of the Hawaii Small Business Regulatory Flexibility Act from June 30, 2002, to June 30, 2006.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1998

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ADMINISTRATIVE PROCEDURE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that under the current practice of the executive branch, a rule undergoes a series of reviews by several agencies, including the department of budget and finance, the department of business, economic development, and tourism, and the department of the attorney general, before it can actually be approved in its final form. Final approval is issued by an executive memorandum. The legislature finds that this practice is inefficient and recommends allowing a single department head to have the authority to sign off on a rule without having to obtain the approval of multiple departments.

The purpose of this Act is to expedite the State's rulemaking process by:

(1) Ensuring that whenever an administrative rule is adopted, amended, or repealed, the rule conforms to related statutes; and

(2) Giving the head of the agency affected by administrative rules more accountability for compliance and conformity to statutes.

SECTION 2. Chapter 91, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§91-    Rulemaking procedure. (a) Subject to the requirements of this chapter, each agency shall develop and use flexible approaches in making, amending, or repealing rules that meet the needs of the agency and that involve persons affected by the agency's rules. In making, amending, or repealing rules, the head of the agency is responsible for ensuring that the rules developed are in concert with the spirit and intent of the law and may designate a representative to provide assistance in fulfilling this responsibility.

(b) After a public hearing has been held on any rule as required by section 91-3, the proposed rule shall not be adopted unless the head of the agency concurs that the proposed rule has a rational nexus to the law and conforms to the letter, spirit, and intent of the law."

SECTION 3. Section 91-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Head of the agency" means any officer, board, commission, authority, public corporation, instrumentality, or other body having charge of an agency."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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