§15-16-26  Initiation of rule making procedure.  (a)  The adoption, amendment, or repeal of any rule of the authority may be made by the authority on its own motion, or by petition of any interested person or agency.  Petitions for rule making filed with the authority shall become matters of public record.
 (b) Petitions for rule making shall conform to the requirements of section 15-16-19 and shall contain:
 (1) The name, address, and telephone number of each petitioner;
 (2) The signature of each petitioner;
 (3) A draft or the substance of the proposed rule or amendment or a designation of the provisions the repeal of which is desired;
 (4) A statement of the petitioner's interest in the subject matter; and
 (5) A statement of the reasons in support of the proposed rule, amendment, or repeal.
 (c) The authority, within thirty days after the filing of a petition for rule making, shall either deny the petition or initiate rule making proceedings.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-6, 206E-4) (Imp:  HRS 91-6, 206E-4)
 

 §15-16-27  Denial of petition.  Any petition that fails in any material respect to comply with the requirements of this chapter or fails to disclose sufficient reasons to justify the institution of public rule making proceedings shall not be considered by the authority.  The authority shall notify the petitioner in writing of such denial, stating the reasons therefor.  Denial of a petition shall not operate to prevent the authority from acting, on its own motion, upon any matter disclosed in the petition.  The petitioner may seek judicial review of denial pursuant to section 91-14, HRS, and applicable rules of court.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-l2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-28  Acceptance of petition.  If the authority determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rule making to justify the institution of rule making proceedings, the procedures to be followed shall be as set forth in this chapter and the applicable statutes and laws.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 91-6, 206E-4)
 

 §15-16-29  Notice of public hearing.  (a)  Whenever pursuant to a petition or upon its own motion, the authority proposes to adopt, amend or repeal a rule or plan, a notice of proposed rule making shall be published at least once in a newspaper of general circulation in the state and if such action shall affect a county, publication shall be made at least once in the newspaper which is printed and issued at least twice weekly in that county; and such notice shall also be mailed to all persons or agencies who have made timely written requests for advance notice of the authority's rule making proceedings.  All notices shall be published at least twenty days prior to the date set for public hearing.
 (b) A notice of the proposed adoption, amendment, or repeal of a rule, or plan shall include:
 (1) A statement of the date, time and place where the public hearing will be held;
 (2) Reference to the authority under which the adoption, amendment, or repeal of the rule, or plan is proposed; and
 (3) A statement of the substance of the proposed rule making.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-3, 92-41)
 

 §15-16-30  Authority hearing procedures.  (a)  The public hearing before the authority shall be presided over by the chairperson, or, in the chairperson's absence the vice chairperson, or, in the vice chairperson's absence by another member designated by the authority.  Interested individuals and agencies shall have a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing.  A clear and orderly record shall be obtained.  The presiding officer shall be authorized to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing.
 (b) Each hearing shall be held at the time and place set in the notice of hearing but may at such time and place be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement at the hearing.
 (c) At the commencement of the hearing, the presiding officer shall outline briefly the procedure to be followed.  Testimony 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) To avoid unnecessary cumulative evidence, the presiding officer may limit the number of witnesses or the time for testimony upon a particular issue.
 (e) Any person who willfully disrupts a hearing to prevent or compromise the conduct of the hearing shall be removed from the hearing room.
 (f) Before proceeding to testify, witnesses shall state their name, address, and who they represent at the hearing, and shall give such information respecting their appearance as the presiding officer may request.  The presiding officer shall confine the testimony to the matters for which the hearing has been called but shall not apply the technical rules of evidence.  Witnesses shall be subject to questioning by the members of the authority or by any other representative of the authority.  Cross examination by other persons or agencies shall be permitted only at the discretion of the presiding officer.
 (g) All interested persons or agencies shall be afforded an opportunity to submit data, views, or arguments orally or in writing that are relevant to the matters specified in the notice of hearing.  The period for filing written comments or recommendations may be extended beyond the hearing date by the presiding officer for good cause.  An original and eleven copies shall be required when submitting written comments, recommendations, or replies.
 (h) Unless otherwise specifically ordered by the authority, testimony given at the public hearing shall not be reported verbatim.  All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made part of the record.  Unless the presiding officer finds that furnishing copies is impracticable, twelve copies of the exhibits shall be submitted.  [Eff 6/25/81, am and comp 9/8/86] (Auth:  HRS §§91-2, 91-6, 206E-4) (Imp:  HRS §§91-2, 91-6, 206E-4)
 

 §15-16-31  Authority action.  The authority shall consider all relevant comments and material of record before taking final action in a rule making proceeding.  Final action shall be taken within a reasonable amount of time following:
 (1) The final public hearing; or
 (2) The expiration of any extension period for submission of written comments or recommendations, whichever occurs later.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 91-3, 206E-4)
 

 §15-16-32  Emergency rule making.  If the authority finds that an imminent peril to public health or safety requires the adoption, amendment, or repeal of any rule upon less than twenty days notice, and states in writing its reasons for such finding, it may proceed without prior notice or hearing or upon such abbreviated notice and hearing as it finds practicable to adopt an emergency rule to be effective for a period not longer than one hundred twenty days without renewal.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §91-3)