ยง128-27 - Rules, regulations, and orders.
ยง128-27ย Rules, regulations, and orders.ย
For the purpose of carrying out any provision of this chapter, the governor may
prescribe rules and regulations, which may, if so stated in the rules or
regulations, have the force and effect of law.ย Even though the rules and
regulations are prescribed pursuant to a power conferred, or having mandatory
or prohibitive effect, only in the event of a civil defense emergency period,
the rules and regulations nevertheless may be prescribed prior thereto if
stated therein to have the force and effect of law only in the event of a civil
defense emergency period.ย All the rules and regulations, and likewise all
other action taken under this chapter, shall be made and taken with due
consideration of the orders, rules, regulations, actions, recommendations, and
requests of federal authorities relevant thereto.ย In these rules and
regulations reasonable classifications, exceptions, and exemptions may be made
and granted.ย Chapter 91 shall not apply to such rules and regulations.
The power to prescribe rules and regulations
having the force and effect of law shall not be deemed in derogation of the
power of the governor, or the governor's duly authorized representatives, to
make orders for the enforcement of this chapter or the rules and regulations
issued thereunder.ย The rules and regulations may provide for the making of
administrative findings by duly authorized representatives, or for the
application of the rules or regulations by such representatives as the
circumstances may require, and the issuance of orders therefor.
Rules and regulations prescribed pursuant to
this chapter shall be promulgated as herein provided, and may be made effective
upon the promulgation.ย The rules and regulations shall be promulgated by
publishing the same in a newspaper of general circulation in the State, or,
where only known persons are concerned, the same may be promulgated by service
upon these persons by registered mail, or by personal service; provided that
when immediate promulgation of the rules or regulations is necessary in the
opinion of the governor, who shall be the sole judge thereof, in lieu of
publication, the same may be promulgated by radio broadcast or such other means
as may be available; provided further that the rules or regulations shall be
published thereafter, as hereinbefore provided at the earliest practicable
date. [L 1951, c 268, pt of ยง2; RL 1955, ยง359-24; am L 1965, c 96, ยง135; HRS
ยง128-27; am L 1972, c 46, ยง1; gen ch 1985]