Report Title:

Administrative Rules; Public Hearing Process; Contested Cases

Description:

Establishes that the proceedings or decisions of a contested case hearing shall not be an adequate substitution for the public hearing process that is required to adopt, amend, or repeal an administrative rule. Disallows the reliance upon other decisions and orders when rendering a decision and order on a rule.

THE SENATE

S.B. NO.

2406

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 purpose of this Act is to ensure that the public's right to participate in the State's administrative rulemaking process is not diminished by clarifying that a public agency may not:

(1) Rely upon another agency's compliance with section 91-3, Hawaii Revised Statutes, regarding the process of adopting, amending, or repealing an administrative rule, when adopting, amending, or repealing its own administrative rule;

(2) Utilize a contested case proceeding to adopt, amend, or repeal an administrative rule without also complying with the rulemaking process of section 91-3, Hawaii Revised Statutes; or

(3) Rely upon its past decisions and orders or the decisions and orders of other agencies to resolve a contested case proceeding.

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 process; contested case proceedings not adequate substitution for compliance with section 91-3 process. (a) A contested case executed under this chapter or any decision and order rendered therefrom regarding the adoption, amendment, or repeal of a rule, or the fact that another agency has complied with section 91-3 on an identical or similar rule, or derivation thereof, shall not exempt an agency from its responsibility to comply with section 91-3.

(b) In adopting, amending, or repealing a rule, whether through a contested case or under section 91-3, an agency shall restrict its review of information to, and render its decision and order from, the facts of the pending case and shall not rely upon the execution of another contested case proceeding under this chapter, any decision and order rendered therefrom, or the existence of any other decision and order regarding the adoption, amendment, or repeal of a rule. Any component of a decision and order rendered from a contested case proceeding that recommends the adoption, amendment, or repeal of a rule shall not be effectuated until the agency whose rules are to be added to, amended, or repealed by the decision and order complies with section 91-3; provided that this section shall not abrogate the powers granted to the governor or a mayor under section 91-3(b) or (d)."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval and shall apply retroactively to January 1, 2004; provided that the application of this Act shall not diminish or extinguish the rights of any person or entity that may have vested between January 1, 2004, and the effective date of this Act.

INTRODUCED BY:

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