Highlights of HRS 91 - Administrative Procedure
--Provided by Hawai`i's Thousand Friends' PROTECT Project and OHELO Students
ADMINISTRATIVE PROCEDURE ACT, HAWAII REVISED STATUTES ANNOTATED, §91-1 to §91-18, (MICHIE 2001).
DID YOU KNOW THAT …when you or your agency has a dispute with or a complaint against any state agency, you have the right to be heard by that agency.(paraphrase) You may also have the right to a contested case hearing.
THE ADMINSTRATIVE PROCEDURE ACT is a remedial statute designed to give citizens a fair opportunity to be heard before the official of the agency who is charged with passing [judgment] on that case. (exact statutory language)
SOME OF THE HIGHLIGHTS OF THE STATUTE ARE: (all parahrase)
1. You have the right to view all agency rules and all agency proposed rules.
2. You have the right to receive paper copies of all agency rules and agency proposed rules. The state agency in question may not charge you more than $0.10 per page for copies.
3. All rules and proposed agency rules must be posted on the lieutenant governor’s website. When an agency wants to change its rules, it must give 30 days notice to the public and hold a public hearing.
4. When a state agency performs an adjudicative function, rather than merely administrative, an aggrieved party has a right to a contested case hearing.
5. In any contested case, you have the right to present evidence, both oral and written. This evidence must be fully considered by the agency.
6. Any interested person may petition an agency requesting the adoption, amendment, or repeal of any rule stating reasons therefore. Within 30 days, the agency will either deny the petition or will declare the rule invalid as requested or adopt the rule requested by the petitioner.