DEPARTMENT OF PERSONNEL SERVICES
PART 1
RULES OF THE DIRECTOR OF PERSONNEL SERVICES
CHAPTER
2
PUBLIC INFORMATION; PETITION FOR REVISION
OF RULES AND DECLARATORY RULING
Subchapter 1 Public Information; Petition for Revision of Rules; and
Declaratory Ruling
§2-1 Public
information
§2-2 Petition
for adoption, amendment or repeal of rules
§2-3 Declaratory ruling
§2-1
Public information. (a) The public may obtain information as to matters within the jurisdiction of the director of personnel services by inquiring in person, during regular business hours at the office of the director, department of personnel services,(b)
All rules of the director are on
file and available for public inspection during regular business hours at:
(1) Department of Personnel Services
(2) Office of the
(3) Office of the Lieutenant Governor
State of
(c) All
final opinions and orders of the director rendered in the performance of its
function are available for public inspection at the department of personnel
services during regular business hours.
(d) Printed copies of rules are available to the public at a
price fixed by the director in
accordance with Section 91-2.5, HRS, to cover mailing and publication
costs. (Auth: HRS §§ 76-17, 91-2, 91-2.5, 91-2.6)
§2-2
Petition for adoption, amendment or repeal of rules. (a) Any interested person may petition the director, requesting the adoption, amendment or repeal of any rule of the director of personnel services.(b) The petition need not be in any special form
but shall be submitted in triplicate and contain the following:
(1) The name, address and telephone number of
each petitioner;
(2) A statement of the nature of the petitioner's
interest;
(3) A draft of the substance of the proposed rule
or amendment or
a
designation of the provisions sought to be repealed;
(1) An explicit statement of the reasons in
support of the proposed rule,
amendment
or repeal;
(5) Any
other information pertinent to the petition; and
(6) The
signature of each petitioner.
(c) The
director shall either deny the petition in writing, within thirty (30) days
after the submission of the petition stating the reasons for the denial, or
initiate proceedings in accordance with section 91-3, HRS, within one hundred
twenty (120) days for the adoption, amendment, or repeal of the rule, as the
case may be.
(d) Any
petition which does not conform to the requirements specified herein may be
rejected.
(e) The
director may, at any time on the director's own initiative initiate proceedings
in accordance with the
procedures provided herein for the adoption, amendment or repeal
of rules.
(f) Public
hearings shall be held in accordance with section 91-3, HRS.
(g) Filing
and effective date of rules shall be in accordance with section 91-4, HRS.
(Auth:
HRS §§ 76-17, 91-6)
§2-3
Declaratory ruling. (a) Any interested person may petition the director for a declaratory order as to the applicability of any statutory provision or any rule or order of the director.(b) The
petition shall be submitted in duplicate to the director. It shall contain:
(1) The
name, address and telephone number of the petitioner;
(2) A statement of the nature of petitioner's
interest, including reasons for the
submission
of the petition;
(3) A designation of the specific provision,
rule, or order in
question;
(4) A complete statement of the relevant facts;
(5) A statement of the position or contention
of the petitioner;
(6) A memorandum of authorities, containing a
full discussion of the reasons,
including any legal authorities, in support of
such position or contention; and
(7) The signature of each petitioner.
(c) Any petition which does not conform to the
foregoing requirements may be rejected.
(d) The director may, for good cause, refuse to
issue a declaratory ruling. Without
limiting the generality of the foregoing, the director may so refuse where:
(1) The question is speculative or purely
hypothetical and does not involve
existing
facts, or facts which can reasonably be expected to exist in the
near future;
(2) The petitioner's interest is not of the
type which would give the petitioner
standing
to maintain action if the petitioner was to seek judicial relief;
(3) The issuance of the declaratory ruling may
adversely affect the interests of
the
county, the department of personnel services or any of its officers or
employees
in any litigation which is pending or may reasonably be
expected to arise; or
(4) The matter is not within the jurisdiction
of the director.
(e) Where any question of law is involved, the
director may refer the matter to the county attorney. The director may also
obtain the assistance of other agencies, where necessary or desirable.
(f) Each
petition shall be either rejected pursuant to subsection (c) or acted upon
within a reasonable time. Upon the
disposition of the petition, the petitioner shall be promptly informed thereof
by the director of personnel services.
(g) An
order disposing of a petition shall be applicable only to the fact situation
alleged in the petition or set forth in the order. It shall not be applicable to different fact
situations or where additional facts not considered in the order exist. Such
order shall have the same force and effect as other orders issued by the
director.
(Auth:
HRS §§ 76-17, 91-7, 91-8)