§91-4  Filing and taking effect of rules. 
(a)  Each agency adopting, amending, or repealing a rule, upon approval thereof
by the governor or the mayor of the county, shall file forthwith certified
copies thereof with the lieutenant governor in the case of the State, or with
the clerk of the county in the case of a county.  In addition, the clerks of
all of the counties shall file forthwith certified copies thereof with the
lieutenant governor.  A permanent register of the rules, open to public
inspection, shall be kept by the lieutenant governor and the clerks of the
counties.



(b)  Each rule hereafter adopted, amended, or
repealed shall become effective ten days after filing with the lieutenant
governor in the case of the State, or with the respective county clerks in the
case of the counties.



(1)  If a later effective date is required by statute
or specified in the rule, the later date shall be the effective date; provided
that no rule shall specify an effective date in excess of thirty days after the
filing of the rule as provided herein.



(2)  An emergency rule shall become effective upon
filing with the lieutenant governor in the case of the State, or with the
respective county clerks in the case of the counties, for a period of not
longer than one hundred twenty days without renewal unless extended in
compliance with the provisions of subdivisions (1) and (2) of section 91-3(a),
if the agency finds that immediate adoption of the rule is necessary because of
imminent peril to the public health, safety, or morals.  The agency's finding
and brief statement of the reasons therefor shall be incorporated in the rule
as filed.  The agency shall make an emergency rule known to persons who will be
affected by it by publication at least once in a newspaper of general
circulation in the State for state agencies and in the county for county
agencies within five days from the date of filing of the rule. [L 1961, c 103,
§4; am L 1965, c 96, §139b; Supp, §6C-4; HRS §91-4]



 



Note



 



  Validity of rules filed.  L 1989, c 64, §§3 to 5, 7.



 



Revision Note



 



  In subsection (a), provision requiring approval of rule by
the chairman of the board of supervisors, has been deleted as obsolete.



 



Case Notes



 



  Approval of rules as required is necessary for their
validity.  51 H. 673, 466 P.2d 1009.



  Agency's resolution of a dispute was quasi-judicial and did
not establish a rule.  70 H. 585, 779 P.2d 868.