Agency Rulemaking Petition - Hawaii

AGENCY RULEMAKING PETITION — HAWAII

Hawaii Administrative Procedure Act

HRS § 91-6

PART ONE: COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City, Hawaii, ZIP Code]

Re: Petition for Rulemaking Under HRS § 91-6
Subject: Request to [Adopt / Amend / Repeal] Rule(s) Concerning [________________________________]

Dear [________________________________] [Agency Head / Director / Chairperson]:

Enclosed please find the formal Petition for Adoption, Amendment, or Repeal of Rules submitted pursuant to Hawaii Revised Statutes § 91-6, requesting that [________________________________] [Agency Name] initiate rulemaking proceedings to [adopt / amend / repeal] rules pertaining to [________________________________] [subject matter].

The undersigned petitioner is an interested person within the meaning of HRS Chapter 91 and respectfully requests that the agency act upon this petition within thirty (30) days as provided by statute.

This petition includes the following:

☐ Formal Petition for Rulemaking
☐ Statement of Petitioner's Interest
☐ Draft Proposed Rule Text
☐ Statement of Reasons for the Requested Action
☐ Legal Authority Analysis
☐ Impact Analysis
☐ Supporting Evidence and Exhibits

Please acknowledge receipt of this petition. I am available to discuss the petition at your convenience.

Respectfully submitted,

[________________________________]
[Petitioner Name]
[________________________________]
[Title / Position]
[________________________________]
[Organization / Entity]
[________________________________]
[Street Address]
[________________________________]
[City, Hawaii, ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

PART TWO: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________] [AGENCY NAME]

PETITION FOR [ADOPTION / AMENDMENT / REPEAL] OF RULES

Petition Filed Pursuant to HRS § 91-6

I. PETITIONER INFORMATION

Petitioner Name: [________________________________]

Organization / Entity: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented): [________________________________]

Hawaii Bar Number: [________________________________]

II. STANDING AND INTEREST OF PETITIONER

Under HRS § 91-6, any interested person may petition an agency requesting the adoption, amendment, or repeal of any rule, stating reasons therefor.

Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]

How Petitioner Is Affected by the Current Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

Petitioner's Standing Category:

☐ Regulated entity subject to the agency's jurisdiction
☐ Individual directly affected by agency rules
☐ Business or organization affected by agency rules
☐ Trade association or professional organization representing affected parties
☐ Native Hawaiian organization with cultural or traditional interests
☐ Community or advocacy organization with interest in the subject matter
☐ County government entity
☐ Other interested person (specify): [________________________________]

III. RELIEF REQUESTED

Petitioner respectfully requests that [________________________________] [Agency Name] initiate rulemaking proceedings to:

☐ Adopt a new rule concerning [________________________________]
☐ Amend existing rule(s): [________________________________] [Hawaii Administrative Rules Citation(s)]
☐ Repeal existing rule(s): [________________________________] [Hawaii Administrative Rules Citation(s)]

Brief Summary of Requested Action:

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF REASONS

HRS § 91-6 requires the petition to state the reasons for the requested adoption, amendment, or repeal.

A. Problem Description

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Current Regulatory Framework

[________________________________]
[________________________________]
[________________________________]

C. Deficiencies in Current Rules

[________________________________]
[________________________________]
[________________________________]

D. How the Proposed Rule Addresses the Problem

[________________________________]
[________________________________]
[________________________________]

E. Benefits of the Proposed Action

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE TEXT

Current Rule (if amending or repealing):

Hawaii Administrative Rules § [________________________________]
[________________________________]
[Insert current rule text, if applicable]

Proposed New or Amended Text:

[________________________________]
[Insert proposed rule language]
[Use strikethrough for deletions and underline/bold for additions if amending]

Alternative Language (if any):

[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Agency's Statutory Authority

B. Designation of Existing Rules or Laws Affected

HRS § 91-6 contemplates that the petition identify existing rules or laws affected by the requested action:

C. Consistency with the Hawaii Constitution and HRS

[________________________________]
[________________________________]
[________________________________]

D. Consistency with Existing Hawaii Administrative Rules

[________________________________]
[________________________________]

E. Federal Preemption Analysis (if applicable)

[________________________________]
[________________________________]

F. Interaction with County Ordinances (if applicable)

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

Affected Parties and Estimated Costs:

B. Small Business Impact Statement

Under HRS § 91-3.5 and HRS § 201M-2, agencies must consider the impact of proposed rules on small businesses. The Small Business Regulatory Review Board reviews proposed rules for their impact on small businesses.

☐ The proposed rule will not have a significant impact on small businesses
☐ The proposed rule may impact small businesses as follows:
[________________________________]
[________________________________]

Proposed Mitigation Measures for Small Businesses:
[________________________________]
[________________________________]

C. Environmental Impact

[________________________________]
[________________________________]

D. Impact on Native Hawaiian Rights and Cultural Practices

[________________________________]
[________________________________]

E. Public Health and Safety Impact

[________________________________]
[________________________________]

F. Administrative Impact on the Agency

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

X. PETITIONER'S REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition;

2. Within thirty (30) days after receipt of this petition, as provided by HRS § 91-6, either:
   (a) Initiate public rulemaking proceedings in accordance with HRS § 91-3; or
   (b) Deny the petition in writing, stating the reasons for denial;

3. If rulemaking proceedings are initiated, follow the notice and public hearing procedures required under HRS § 91-3;

4. Provide the petitioner with copies of all notices, decisions, and communications related to this petition;

5. Comply with small business impact requirements under HRS § 91-3.5 and § 201M-2.

XI. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements contained in this petition are true and correct to the best of my knowledge and belief. I further certify that I am an interested person within the meaning of HRS § 91-6.

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

PART THREE: FILING INSTRUCTIONS

Hawaii-Specific Procedural Requirements

A. Who May Petition

Under HRS § 91-6, any interested person may petition an agency requesting the adoption, amendment, or repeal of any rule. The petition must state the reasons for the request.

B. Petition Form and Content

While petitions need not be in any special form, they should contain:

☐ A statement of the nature of each petitioner's interest in the subject matter
☐ A draft or text of the proposed rule or amendment desired, or a specification of the rule to be repealed
☐ A designation of any existing rules or laws affected by the petition
☐ An explicit statement of the reasons for seeking the adoption, amendment, or repeal
☐ Check whether the specific agency has additional form requirements

C. Where to File

File the petition with the agency that has jurisdiction over the subject matter:

☐ Submit to the agency's main office
☐ Address to the agency head, director, or chairperson
☐ Check if the agency accepts electronic submissions
☐ Retain proof of filing (certified mail receipt, date stamp, electronic confirmation)

D. Service and Copies

☐ Prepare sufficient copies for the agency and for your records
☐ Consider providing a courtesy copy to the Lieutenant Governor's office (which maintains administrative rules)
☐ Consider notifying the Small Business Regulatory Review Board if small businesses are affected
☐ Notify known interested parties of the filing

PART FOUR: AGENCY RESPONSE REQUIREMENTS

Timeline Under HRS § 91-6

Within thirty (30) days after receipt of the petition, the agency must either:

1. Initiate public rulemaking proceedings in accordance with HRS § 91-3; or

2. Deny the petition in writing, stating the reasons for denial.

Grounds for Denial

An agency may deny a petition that:

• Fails to substantially conform with the content requirements
• Discloses no sufficient reasons justifying the institution of public rulemaking procedures
• Is frivolous

If the Agency Initiates Rulemaking (HRS § 91-3)

The agency must follow Hawaii's full rulemaking procedures:

☐ Hold at least one public hearing on the proposed rule on each island where the rule will have significant impact (HRS § 91-3(a))
☐ Give at least 30 days' notice of the public hearing
☐ Publish notice in a newspaper of general circulation on the affected islands
☐ File the proposed rule with the Lieutenant Governor's office
☐ Allow interested persons to submit data, views, or arguments at the public hearing
☐ Consider all public testimony and written submissions
☐ Prepare a small business impact statement if required (HRS § 91-3.5)
☐ Submit to the Small Business Regulatory Review Board for review (HRS § 201M-2)
☐ Adopt the final rule and file with the Lieutenant Governor's office
☐ The rule takes effect on the date specified, but not sooner than the date of filing

Small Business Review Requirements

Under HRS § 201M-2, the Small Business Regulatory Review Board:

• Reviews all proposed rules for their impact on small business
• May recommend changes to reduce the impact on small businesses
• Submits an annual report to the Legislature with recommendations

If the Agency Denies the Petition

The written denial must:

• Be issued within 30 days of receipt of the petition
• State the specific reasons for the denial
• Be provided to the petitioner

PART FIVE: APPEAL OF DENIAL

Challenging an Agency Denial

If the agency denies the petition or fails to act within the 30-day statutory period, petitioner may consider the following remedies:

A. Declaratory Judgment on Validity of Rules (HRS § 91-7)

Any interested person may obtain a judicial declaration as to the validity of an agency rule by filing a petition in the circuit court of the circuit in which the petitioner resides or has its principal place of business.

Requirements:

• The rule must be alleged to be invalid or inapplicable
• The petition must state facts showing the petitioner is substantially affected by the rule
• The court may declare the rule invalid if it finds it violates constitutional provisions, exceeds the agency's statutory authority, or was adopted without compliance with statutory rulemaking requirements

B. Judicial Review of Contested Cases (HRS § 91-14)

A person aggrieved by a final decision and order in a contested case is entitled to judicial review.

Filing Requirements:

• File in the circuit court of the circuit in which the proceeding was held, within 30 days after service of the final decision and order
• The court reviews the record made before the agency

Standard of Review:
The court may reverse or modify the agency action if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:

• In violation of constitutional or statutory provisions
• In excess of the statutory authority or jurisdiction of the agency
• Made upon unlawful procedure
• Affected by other error of law
• Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record
• Arbitrary or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion

C. Mandamus

If the agency fails to act within the 30-day statutory period, petitioner may seek a writ of mandamus in circuit court to compel the agency to perform its statutory duty.

D. Legislative Remedy

Petitioner may seek legislative intervention by contacting:

• State legislators representing the petitioner's district
• Relevant legislative committees with jurisdiction over the subject matter
• The Governor's office
• The Small Business Regulatory Review Board (for small business impacts)

PART SIX: DOCUMENT CHECKLIST

Before Filing — Confirm Completion of All Items

☐ Verified petitioner qualifies as an "interested person" under HRS § 91-6
☐ Completed all sections of the petition with accurate information
☐ Included explicit statement of reasons for the requested action (required by § 91-6)
☐ Drafted proposed rule text or specified the rule to be repealed
☐ Designated existing rules or laws affected by the petition
☐ Included statement of petitioner's interest in the subject matter
☐ Provided legal authority analysis with accurate statutory citations
☐ Prepared impact analysis including small business assessment
☐ Addressed impact on Native Hawaiian rights and cultural practices (if applicable)
☐ Gathered and attached all supporting exhibits
☐ Proofread the petition for accuracy and completeness
☐ Obtained attorney review (recommended)
☐ Prepared sufficient copies for filing and records
☐ Arranged for proper filing and proof of delivery
☐ Calendared the 30-day deadline for agency response
☐ Retained a complete copy of the petition and all exhibits

PART SEVEN: PRACTICE TIPS FOR HAWAII

Strategic Considerations

1. State Reasons Clearly. HRS § 91-6 specifically requires the petition to "state reasons therefor." This is a statutory content requirement — petitions that fail to provide sufficient reasons may be denied on that basis alone. Be thorough and specific.

2. Understand the Public Hearing Requirement. Hawaii is unique in requiring public hearings on proposed rules on each island where the rule will have significant impact. If your proposed rule affects multiple islands, the rulemaking process will require multiple hearings, which can extend the timeline.

3. Engage the Small Business Regulatory Review Board. The Board (established under HRS § 201M-2) reviews proposed rules for small business impact. If your petition involves small business issues, engaging the Board early can build support for the proposed rule change.

4. Address Hawaiian Cultural and Environmental Issues. Hawaii has unique cultural and environmental considerations. If the proposed rule touches on Native Hawaiian rights, traditional practices, environmental protection, or natural resources, address these issues thoroughly in the petition.

5. Build Community Support. Hawaii's close-knit communities and emphasis on public participation mean that broad community support can be particularly influential. Gather letters of support and encourage participation at public hearings.

6. Know the Lieutenant Governor's Role. The Lieutenant Governor's office maintains the official repository of Hawaii Administrative Rules. File the petition with the agency, but be aware that adopted rules are filed with and maintained by the Lieutenant Governor's office.

7. Avoid Frivolous Petitions. The statute permits agencies to deny petitions that are frivolous or that disclose no sufficient reasons for rulemaking. Ensure your petition presents a well-reasoned case supported by evidence.

8. Monitor Rulemaking Activity. Review the agency's rulemaking calendar and the Lieutenant Governor's office for notices of proposed rulemaking. HRS § 91-3 requires at least 30 days' notice before a public hearing on proposed rules.

9. Consider Inter-Island Filing. If the petitioner is located on a different island than the agency, plan filing logistics accordingly. Confirm whether the agency accepts electronic submissions or requires physical delivery.

10. Judicial Review Options. Hawaii provides a declaratory judgment action (HRS § 91-7) to challenge the validity of existing rules, which may be a useful complement to a rulemaking petition. This allows a court to invalidate a rule that exceeds the agency's authority or was adopted in violation of rulemaking procedures.

SOURCES AND REFERENCES

• Hawaii Revised Statutes, Chapter 91 — Administrative Procedure
• § 91-1: Definitions
• § 91-3: Procedure for adoption, amendment, or repeal of rules
• § 91-3.5: Small business impact statements
• § 91-6: Petition for adoption, amendment, or repeal of rules
• § 91-7: Declaratory judgment on validity of rules
• § 91-14: Judicial review of contested cases
• Hawaii Revised Statutes, Chapter 201M
• § 201M-2: Small Business Regulatory Review Board
• Hawaii Administrative Rules (maintained by the Lieutenant Governor's office)
• Hawaii State Legislature: https://www.capitol.hawaii.gov
• Hawaii Administrative Rules: https://ltgov.hawaii.gov/the-office/administrative-rules/
• Small Business Regulatory Review Board: https://sbrrb.hawaii.gov

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Hawaii before filing a petition for rulemaking. Statutory citations are current as of the last updated date but should be independently verified.