Hawaii Administrative Code

A public hearing shall be held for a petition for rule relief considered by the state librarian. The hearing shall be at the time and place set forth in the notice of public hearing but at that time and place the hearing may be continued from day to day or adjourned to a later da…

Notice of the public hearing shall be made in accordance with the provisions of chapters 91 and 92, HRS. Notes Haw. Code R. § 8-210.2-12 [Eff 05/24/2010] (Auth: HRS §§ 91-6, 296-19, 312-1) (Imp: HRS § 312-1)

At the commencement of the public hearing the state librarian or a representative of the state librarian shall read the notice of hearing and shall then briefly prescribe the procedure to be followed at the public hearing. All witnesses testifying at the public hearing shall stat…

(a) A record shall be made of all oral testimony in the form of written minutes or verbatim taken at the hearing. All written testimony shall be received and made part of the public record. (b) Testimony given at the public hearing may be electronically recorded verbatim by the s…

The state librarian shall render a decision at the public hearing or at a time, date, and place announced at the public hearing. The state librarian, upon request of any interested person, shall issue a concise statement of the principal reasons for and against the decision. In m…

The requirements for public hearing and for notice may be waived by the governor when the state librarian, as a condition to receiving federal funds, is required by federal provisions to adopt rules and the state librarian is allowed no discretion in interpreting the federal prov…

(a) The state librarian may adopt emergency rules pursuant to the requirements of sections 91-3 and 91-4, HRS. (b) The state librarian's determination that there is imminent peril and the reasons shall be stated in, and as a part of, the emergency rule. (c) The state librarian sh…

The adoption, amendment, or repeal of any rule resulting from the review process of this chapter shall be subject to approval of the governor as provided for in section 91-3, HRS. Notes Haw. Code R. § 8-210.2-18 [Eff 05/24/2010] (Auth: HRS §§ 91-6, 296-19, 312-1) (Imp: HRS § 312-…

Upon approval of the governor, certified copies of any rules being adopted, amended, or repealed shall be filed with the lieutenant governor and legislative reference bureau as provided in sections 91-4, 91-4.1, and 91-4.2, HRS. All rules being adopted, amended, or repealed shall…

This chapter provides a complainant who has gone through the problem resolution process, including filling out the form substantially similar to the form located at the end of this chapter as Exhibit 1, entitled "Request For Problem Resolution", dated June 2008, an opportunity to…

Nothing contained in this subchapter shall be construed to prohibit or to restrict the right of the state librarian from initiating the rulemaking proceeding on any matter, whether disclosed in any petition or not. Notes Haw. Code R. § 8-210.2-20 [Eff 05/24/2010] (Auth: HRS §§ 91…

(a) The state librarian shall determine that a contested matter should be reviewed or a problem resolution decision warrants reconsideration. (b) If the state librarian supports the decision from the contested matter or problem resolution process, the state librarian shall provid…

(a) Any party aggrieved by a final decision or order of the state librarian in a contested case or by a preliminary ruling or order of the state librarian of such a nature that deferral of review pending the entry of a subsequent final order would deprive that party of adequate r…

(a) When issuing a decision on a contested matter the library manager, library administrator, problem resolution officer, or appropriate designee shall provide in writing a final date for the complainant to request a review of the matter. (b) The final date should be not less tha…

Any interested person may petition the state librarian for the amendment, adoption, or repeal of a rule. The petition for rule relief shall identify the text of the rule to be repealed, or the text of any proposed rule, or the text of any existing rule, together with the proposed…

(a) The state librarian, within the time permitted by chapter 91, HRS, shall either deny the petition or initiate public rulemaking procedures in accordance with this subchapter and chapter 91, HRS. (b) The state librarian may deny any petition which:(1) Discloses insufficient re…

The state librarian may require the petitioner to submit a statement of additional facts or a memorandum, the purpose of which is to clarify a specific factual issue, position, or contention which will reasonably aid the state librarian. Notes Haw. Code R. § 8-210.2-8 [Eff 05/24/…

The state librarian shall promptly notify the petitioner in writing of a determination either to deny the petition or to initiate rulemaking procedures. If the state librarian denies the petition, the state librarian shall state the reasons for the denial in the notice to the pet…

(a) When pursuant to a petition therefor, or upon its own motion, the board proposes to adopt, amend or repeal a rule, notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the State. The notice shall also be mailed to all persons…

In any rulemaking proceeding where the board deems it warranted, a further notice of proposed rulemaking may be issued by publication thereof in a newspaper of general circulation in the State. Notes Haw. Code R. § 8-3-2 [Eff. JAN 30, 1984] (Auth: HRS § 302A-1112) (Imp: HRS § 302…

(a) Unless otherwise specifically directed by the board, all public hearings shall be held at Honolulu when the entire State or a major portion thereof is affected by the proposed adoption, amendment or repeal of a rule. When a matter affects only an island or district other than…

At the final public hearing, the board may make its decision or announce the date when its decision shall be made. The board shall consider all relevant comments and material of record before taking final action in a rulemaking proceeding. Notes Haw. Code R. § 8-3-4 [Eff. JAN 30,…

Notwithstanding sections 8-3-1 through 8-3-4, if the board finds that an imminent peril to public health, safety, or morals requires adoption, amendment or repeal of a rule upon less than twenty days' notice of hearing, and states in writing its reason for the finding, it may pro…

(a) Any interested person, organization or agency may petition the board for the adoption, amendment, or repeal of any rule, which is designed to implement, interpret, or prescribe law, policy, organization, procedure or practice requirements of the board. (b) Petitions for rulem…

(a) On petition of an interested person, the board may issue a declaratory order as to the applicability of any statutory provision or of any rule or order of the board. Petitions for the issuance thereof shall state clearly and concisely the controversy or uncertainty, shall cit…

It is important to recognize the needs of parents for affordable, accessible, and quality after-school services. To address these needs, the following rule is adopted for the implementation of the after-school plus (A+) program of the department. Notes Haw. Code R. § 8-400-1 [Eff…

(a) Transportation to the A+ program is not provided. For a child with permission to attend an A+ program at schools other than the regular school of the child, parents shall make transportation arrangements and assume responsibility for getting the child there. Parents shall not…

(a) A child shall be picked up only by parents or persons authorized by the parents on the registration forms. Parents shall give permission for other types of arrangements, such as: (1) the child is to be picked up by someone else that day; or (2) the child is to walk, ride, bik…

If a child becomes ill during the A+ program, the site coordinator shall contact the parents or other responsible persons named on the registration form of the child to pick up the child. A child with a communicable disease which normally excludes a child from school as required …

(a) At least one A+ staff member with a current certificate in first aid will be on site during A+ program hours. A current certificate means a certificate which is issued by the American Red Cross or any other certifying agency and which is less than three years old. (b) If a ma…

(a) A child may be terminated or suspended from the program for: (1) failure to pay the monthly non-refundable fee or any other outstanding fees; (2) chronic late pick-up; or (3) conduct which disrupts the activities of the program or jeopardizes the safety or welfare of the staf…

Chapter 8-19 shall apply to searches and seizures as may be conducted during the A+ program. Notes Haw. Code R. § 8-400-15 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1112, 302A-408)

Parent conferences are not required but may be arranged at the request of parents, group leaders, or the site coordinator. Notes Haw. Code R. § 8-400-16 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1112, 302A-408)

Chapter 8-34 shall apply to records of the A+ program. Notes Haw. Code R. § 8-400-17 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1112, 302A-408)

A+ program staff are required to report any suspected cases of child abuse or neglect and shall promptly report the matter orally to the department of human services or to the police department. Notes Haw. Code R. § 8-400-18 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (A…

(a) A monthly fee up to the total monthly cost per pupil of providing such services during the prior year shall be assessed. This fee shall be rounded to the nearest dollar. A fee waiver or fee adjustment may be provided in accordance with board policy. (b) Fees shall be collecte…

This chapter shall govern the after-school plus (A+) program of the department, established or hereafter established pursuant to section 302A-408, Hawaii Revised Statutes. With the exception of chapter 41, the provisions of subtitle 2, of title 8, shall not apply to any program g…

The provisions of this chapter are deemed specific to the after-school plus (A+) program of the department and shall control over any conflicting provisions of this title. Notes Haw. Code R. § 8-400-20 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (…

As used in this chapter: "A+ program" means the after-school plus program established by the department for public elementary school-aged children and conducted statewide utilizing public school grounds and facilities. The A+ program is voluntary and is not part of the compulsory…

All latchkey children enrolled in public elementary schools in kindergarten through grade six, are eligible to participate in the program if they are living with both parents who are employed, a single parent who is employed, parents working in the A+ program, and parents attendi…

(a) Application forms for the program shall be available at all public elementary school offices. Applicants shall return the completed form to the school where the child is in attendance during the regular school day. Priority shall be given to applications received before the a…

An A+ program may be established at those public schools where twenty or more students enroll, and if staff availability is adequate to service the demand. In schools where there is no A+ program or where enrollment is restricted by staff shortages, a child may enroll in an A+ pr…

(a) The program shall be made available to all eligible children on a nondiscriminatory basis. For the child with a disability who is identified by parents or who are known to the A+ program staff to have special needs, the district will provide such reasonable modifications as a…

(a) A+ services will be provided on regular school days, beginning after school until 5:30 p.m. The program will not operate when school is closed or when school is open only a half day. The A+ program will be open on early dismissal parent-teacher conference days. (b) If many pa…

The department shall create a program curriculum to provide experiences for children that will excite their curiosity, encourage exploration and inquiry, spur their imagination, and invite experimentation on a wide range of topics. The program may have various components, includi…

In order to establish education and public library services as an integrated, cooperative enterprise, administrators, teachers and other department personnel shall promote a climate of open two-way communication with the public, excluding matters proscribed by federal or state la…

(a) Department rules, policies, and regulations are available in all public libraries, public schools and all major offices of the department. Copies can be examined and reproduced during established working hours. (b) Minutes of board proceedings and official documents are avail…