Chapter 1.16 UNIFORM ADMINISTRATIVE RULES FORMAT

1.16.010 Purpose and intent.

1.16.020 Definitions.

1.16.030 Applicability.

1.16.040 Uniform format required for all new rules.

1.16.050 Uniform format required for all existing rules.

1.16.060 Amendments to rules.

1.16.070 Public inspection.


1.16.010 Purpose and intent.

A. The council finds that agencies do not have a mandatory uniform format for formulating, drafting, and processing agency administrative rules.

B. The council finds that it is necessary to require agencies to implement a uniform format to guide administrative behavior and ensure consistent treatment.

C. The council finds that application of a uniform format to new rules and conversion of existing rules to a uniform format would bring every rule into a single unified system.

D. The council finds, in addition, that a single unified system would ease the codification of administrative rules. (Ord. 2156 § 1 (part), 1992)

1.16.020 Definitions.

For purposes of this chapter, unless a different meaning clearly appears form the context:

“Agency” means each county board, commission, department, or office authorized by law to make rules.

“Council” means the council of the county.

“Rule” means each agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term does not include regulations concerning only the internal management of an agency and not affecting private rights of or procedures available to the public, nor does the term include declaratory rulings issued pursuant to section 91-8 of the Hawaii Revised Statutes, nor intra-agency memorandum.

“Uniform format” means the Hawaii administrative rules format, as amended, issued by the office of the legislative reference bureau. (Ord. 2156 § 1 (part), 1992)

1.16.030 Applicability.

Unless otherwise provided for in this chapter, the provisions of this chapter shall apply to all agencies and to all existing, pending, and new rules. (Ord. 2156 § 1 (part), 1992)

1.16.040 Uniform format required for all new rules.

From the effective date of the ordinance codified in this chapter, each agency shall issue, draft, and process all rules in accordance with the uniform format. (Ord. 2156 § 1 (part), 1992)

1.16.050 Uniform format required for all existing rules.

Each agency shall convert all existing rules to the uniform format within three months from the effective date of this chapter. (Ord. 2156 § 1 (part), 1992)

1.16.060 Amendments to rules.

Each agency shall incorporate amendments to its rules in accordance with the uniform format. A copy of amended rules shall be filed with the county clerk within sixty days of the effective date of any amendments. (Ord. 2156 § 1 (part), 1992)

1.16.070 Public inspection.

Each agency shall make its administrative rules available for public inspection and duplication during regular business hours. (Ord. 2156 § 1 (part), 1992)