Hawaii Administrative Code

If any section, paragraph or clause of this chapter or the application thereof to any set of facts shall be held invalid ineffective by the courts for any reason the remainder shall not be affected by such holding but shall remain in full force and effect. Notes Haw. Code R. § 11…

As used in this chapter: "Department" means the department of health, State of Hawaii. "Director" means the director of health of the State of Hawaii, or his duly authorized representative. "Registered sanitarian" means a person who meets the requirements of education, training o…

In applying for examination, the applicant shall present to the department the applicant's qualifications, together with the application, the examination fee of $10, the cost of obtaining the examination materi administered by the department. If an applicant's qualifications and …

A person aspiring to become a registered Sanitarian in the State shall furnish satisfactory proof to the department that the applicant holds a bachelor's degree from a college or university accredited by the American Associat Registrars and Admissions Offices with a major in a bi…

The licensing of sanitarians by any state which uses the National Examination for the Registration of Sanitarians given by the Professional Examination Service shall be recognized as valid and the applicant may be licensed if, in the judgment of the director, the applicant meets …

Licenses must be renewed annually. Each registered sanitarian shall re-register with the department by January 31 of each year and shall pay a re-registration fee of $3. Any registered sanitarian who fails, neglects, or refuses to re-register pay the re-registration fee shall, fo…

It shall be unlawful for any person to be called a registered sanitarian and to perform any duties that come within the scope of the definition of a registered sanitarian for any department, board, commission or other agency of the State or of any county or municipal governing bo…

The director may deny, suspend or revoke any license for one or more of the following reasons: (1) Professional misconduct, or (2) Procurement of license by fraud or misrepresentation; or (3) To take an examination in place of another applicant for purposes of obtaining a license…

Any person who violates the provisions of this chapter shall be subject to the penalties of Section 321-18, Hawaii Revised Statutes. Notes Haw. Code R. § 11-18-9 [Eff SEP 18 1981] (Auth: HRS §§ 321-10, 321-13) (Imp: HRS §§ 321-13, 321-18)

The rules in this chapter govern the practice and procedure before the state health planning and development agency. The rules in this chapter are applicable to chapters 186 through 189 of this title. The rules in this chapter are adopted by the State pursuant to chapter 91, Hawa…

Any person may file a document with the agency by hand delivering the document to the agency's office or by mailing the document to the agency's mailing address. If the document is mailed, the correct postage shall be prepaid by the addresser. Notes Haw. Code R. § 11-185-10 [Eff.…

Except as otherwise provided by any other rule of the agency or an order of the agency, only the original of each document shall be filed with the agency. Notes Haw. Code R. § 11-185-11 [Eff FEB 09 1981] (Auth: HRS Sec. 91-2) (Imp: HRS Sec. 91-2)

The agency shall promptly affix the date and time of receipt to the original of each document received by the agency. The date on which the agency receives the document shall be deemed the date of filing. Notes Haw. Code R. § 11-185-12 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-2) (Im…

Each document filed with the agency by any person shall include the person's name and mailing address. The document shall be signed in ink by the person or the person's authorized agent or attorney. The signature of the person signing the document constitutes a certification that…

The administrator of the agency shall be responsible for the custody and maintenance of the agency's official records. The agency's official records shall include the files and records of the statewide council, the subarea councils, and any committee thereof. The agency's officia…

All documents filed with or presented to the agency, the statewide council, a subarea council, or any committee thereof shall be retained in the agency's official records for the period required by law. The agency may permit the withdrawal of an original document upon submission …

The agency's public records, as defined in chapter 92, Hawaii Revised Statutes, including all applications filed with the agency, all written comments on the applications submitted to the agency, the statewide council, a subarea council, or any committee thereof, and all written …

The agency shall furnish copies of the agency's public records to any person upon payment of the statutory fee; provided that payment of the statutory fee shall not be required of any department or agency of the state government or a county government. Notes Haw. Code R. § 11-185…

Any person may request information on any matter relating to the agency by inquiring during regular business hours at the agency's office or by submitting a written request to the agency. Notes Haw. Code R. § 11-185-18 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-2) (Imp: HRS Sec. 91-2)…

In any proceeding before the agency, any person may appear in his or her own behalf or the person may be represented by or with an attorney or another person designated as a representative. If a person is represented by an attorney, the attorney shall be licensed to practice law …

When used in a rule of the agency, unless the context clearly requires otherwise: "Administrator" means the administrator or the acting administrator of the state health planning and development agency. "Agency" means the state health planning and development agency established i…

(a) The caption of a rule of the agency is for reference only and is not to be construed in any way as a part of the rule. (b) Words used in the present tense in a rule of the agency include the future tense. (c) The singular number in a rule of the agency includes the plural; th…

At any public hearing held by the agency, any person shall have the right to present oral or written arguments and evidence relevant to the matter which is the subject of the hearing. Any person may conduct reasonable questioning of persons who make factual allegations relevant t…

The agency shall designate the hearing officer who shall preside at the public hearing. The hearing officer shall have authority to take any and all actions necessary to the orderly and just conduct of the hearing. Notes Haw. Code R. § 11-185-31 [Eff. FEB 09 1981] (Auth: HRS Sec.…

(a) No hearing officer shall preside at any public hearing relating to any matter in which the hearing officer, the hearing officer's spouse, or the hearing officer's child has (or within the twelve months preceding the hearing, had) any substantial ownership, directorship, offic…

(a) Any person not a party to the public hearing may seek to become a party by filing a motion for leave to intervene. The motion shall state the grounds upon which the person claims to have an interest in the proceeding. At least ten days before the hearing, the person shall fil…

The public hearing shall be held at the time and place set in the notice of hearing, but for good cause shown the hearing officer may at such time and place continue the hearing from day to day or adjourn the hearing to a later date or to a different place without notice other th…

To avoid unnecessary cumulative evidence at the public hearing, the hearing officer may limit the time for witnesses to testify upon at particular issue. Notes Haw. Code R. § 11-185-35 [Eff. FEB 09 1981] (Auth: HRS See. 323D-62) (Imp: HRS Sec. 323D-12)

The agency shall not impose any fee for the public hearing. Notes Haw. Code R. § 11-185-36 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12)

In computing any period of time prescribed or allowed by a rule of the agency, by an order of the agency, or by any applicable statute, the period of time begins with the day following the act, event, or default. The last day of the period shall be included unless it is a Saturda…

Whenever any person in a proceeding held under the agency's rules has the right or is required to do some act within a prescribed period of time after the agency provides notification to the person by mail, two days shall be added to the prescribed time. Notes Haw. Code R. § 11-1…

Any interested person may file with the agency a petition requesting the agency to adopt, amend, or repeal any rule. Notes Haw. Code R. § 11-185-50 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS Sec 91-6)

The petition requesting the agency to adopt, amend, or repeal any rule shall be in writing and shall include: (1) The petitioner's name, mailing address, and telephone number; (2) The petitioner's signature or the signature of the petitioner's authorized representative or attorne…

The petitioner shall file with the agency the original and ten copies of the petition requesting the agency to adopt, amend, or repeal any rule. Notes Haw. Code R. § 11-185-52 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS See. 91-6)

The agency may dismiss any petition requesting the agency to adopt, amend, or repeal any rule that fails to comply with the requirements of section 11-185-51. Notes Haw. Code R. § 11-185-53 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS Sec. 91-6)

At the agency's discretion and upon written notice to the petitioner, the agency may provide written notification of the petition requesting the agency to adopt, amend, or repeal any rule to any person or persons for review and recommendations on the petition. Notes Haw. Code R. …

Within thirty days after the petition requesting the agency to adopt, amend, or repeal any rule is filed, the agency shall file a written ruling denying the petition and stating the agency's reason or reasons for the denial or the agency shall initiate proceedings in accordance w…

Nothing in this chapter shall operate to prevent the agency, on its own motion, from acting on any matter disclosed in any petition requesting the agency to adopt, amend, or repeal any rule. Notes Haw. Code R. § 11-185-56 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS Sec. 91…

Notwithstanding any rule of the agency to the contrary, whenever any person has the right or is required to do some act within a period of time prescribed or allowed by a rule of the agency or by an order of the agency, the agency may in its discretion and upon such terms or cond…

The agency's office is located at Room 205, 600 Kapiolani Boulevard, Honolulu, Hawaii or such other address at which the agency's office may be located from time to time. The agency's mailing address is Post Office Box 3378, Honolulu, Hawaii 96801. Notes Haw. Code R. § 11-185-7 […

Any interested person may file with the agency a petition for a declaratory order as to the applicability of any statutory provision administered by the agency or of any rule or order of the agency. Notes Haw. Code R. § 11-185-70 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-8) (Imp: HRS…

The petition for a declaratory order shall be in writing and shall include: (1) The petitioner's name, mailing address, and telephone number; (2) The petitioner's signature or the signature of the petitioner's authorized representation or attorney; (3) A designation of the specif…

The petitioner shall file with the agency the original and ten copies of the petition for a declaratory order. Notes Haw. Code R. § 11-185-72 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-8) (Imp: HRS Sec. 91-8)

The agency may dismiss any petition for a declaratory order that fails to comply with the requirements of section 11-185-71. Notes Haw. Code R. § 11-185-73 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-8) (Imp: HRS Sec. 91-8)

There is no right to a public hearing on the petition for a declaratory order. At its discretion, the agency may hold a public hearing on the petition before the agency files its written ruling on the petition. Notes Haw. Code R. § 11-185-74 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-…

Within forty-five days after the petition for a declaratory order is filed, the agency shall file a written ruling on the petition. The ruling shall deny the petition, stating the agency's reason or reasons for the denial, or the ruling shallbe a declaratory order on the matters …

The agency may, for good cause, refuse to issue a declaratory order. Good cause includes, but is not limited to, a finding by the agency that: (1) The question is speculative or purely hypothetical and does not involve existing facts or facts that can reasonably be expected to ex…