§128-27  Rules, regulations, and orders. For the purpose of carrying out any provision of this chapter, the governor mayprescribe rules and regulations, which may, if so stated in the rules orregulations, have the force and effect of law.  Even though the rules andregulations are prescribed pursuant to a power conferred, or having mandatoryor prohibitive effect, only in the event of a civil defense emergency period,the rules and regulations nevertheless may be prescribed prior thereto ifstated therein to have the force and effect of law only in the event of a civildefense emergency period.  All the rules and regulations, and likewise allother action taken under this chapter, shall be made and taken with dueconsideration of the orders, rules, regulations, actions, recommendations, andrequests of federal authorities relevant thereto.  In these rules andregulations reasonable classifications, exceptions, and exemptions may be madeand granted.  Chapter 91 shall not apply to such rules and regulations.

The power to prescribe rules and regulationshaving the force and effect of law shall not be deemed in derogation of thepower of the governor, or the governor's duly authorized representatives, tomake orders for the enforcement of this chapter or the rules and regulationsissued thereunder.  The rules and regulations may provide for the making ofadministrative findings by duly authorized representatives, or for theapplication of the rules or regulations by such representatives as thecircumstances may require, and the issuance of orders therefor.

Rules and regulations prescribed pursuant tothis chapter shall be promulgated as herein provided, and may be made effectiveupon the promulgation.  The rules and regulations shall be promulgated bypublishing the same in a newspaper of general circulation in the State, or,where only known persons are concerned, the same may be promulgated by serviceupon these persons by registered mail, or by personal service; provided thatwhen immediate promulgation of the rules or regulations is necessary in theopinion of the governor, who shall be the sole judge thereof, in lieu ofpublication, the same may be promulgated by radio broadcast or such other meansas may be available; provided further that the rules or regulations shall bepublished thereafter, as hereinbefore provided at the earliest practicabledate. [L 1951, c 268, pt of §2; RL 1955, §359-24; am L 1965, c 96, §135; HRS§128-27; am L 1972, c 46, §1; gen ch 1985]