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     (b)  Each rule hereafter adopted, amended, or repealed shall become effective ten days after filing with the lieutenant governor in the case of the State, or with the respective county clerks in the case of the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

     (1)  If a later effective date is required by statute or specified in the rule, the later date shall be the effective date; provided further 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 adopted pursuant to section 91-3(b) 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 section 91-3(b) if the agency finds that immediate adoption of the rule is necessary because of imminent peril to the public health, safety, or morals, or to natural resources.  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 adopted pursuant to section 91-3(b) 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; and

     (3)  An emergency rule adopted pursuant to section 91-3(c) 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, and shall be effective until no later than adjournment sine die of the next regular legislative session following adoption of the emergency rule.  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 adopted pursuant to section 91-3(c) 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; am L 2012, c 149, §3; am L 2018, c 56, §3]

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.