§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.

Terms Used In Hawaii Revised Statutes 91-4

  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Statute: A law passed by a legislature.

     (b)  Each rule hereafter adopted, amended, or repealed shall become effective ten days after filing with the lieutenant governor in the case of the State, or with the respective county clerks in the case of the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