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

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

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

(2)  An emergency rule shall become effective uponfiling with the lieutenant governor in the case of the State, or with therespective county clerks in the case of the counties, for a period of notlonger than one hundred twenty days without renewal unless extended incompliance 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 ofimminent peril to the public health, safety, or morals.  The agency's findingand brief statement of the reasons therefor shall be incorporated in the ruleas filed.  The agency shall make an emergency rule known to persons who will beaffected by it by publication at least once in a newspaper of generalcirculation in the State for state agencies and in the county for countyagencies 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 bythe chairman of the board of supervisors, has been deleted as obsolete.

 

Case Notes

 

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

  Agency's resolution of a dispute was quasi-judicial and didnot establish a rule.  70 H. 585, 779 P.2d 868.