Bill Text: HI HB1033 | 2017 | Regular Session | Amended
Bill Title: Relating To Administrative Procedure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-07-11 - Act 110, on 07/10/2017 (Gov. Msg. No. 1211). [HB1033 Detail]
Download: Hawaii-2017-HB1033-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1033 |
TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
|
STATE OF HAWAII |
S.D. 1 |
|
|
C.D. 1 |
|
|
||
|
A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 91-1, Hawaii Revised Statutes, is amended to read as follows:
"§91-1 Definitions. For the purpose of this chapter:
[(1)] "Agency" means each
state or county board, commission, department, or officer authorized by law to
make rules or to adjudicate contested cases, except those in the legislative or
judicial branches.
"Agency hearing" refers only to such hearing held by an agency immediately prior to a judicial review of a contested case as provided in section 91-14.
"Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing.
"Party" means each person named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding.
[(2)] "Persons" includes
individuals, partnerships, corporations, associations, agencies, or
public or private organizations [of any character other than agencies].
[(3) "Party"
means each person or agency named or admitted as a party, or properly seeking
and entitled as of right to be admitted as a party, in any court or agency
proceeding.
(4)] "Rule" means each agency
statement of general or particular applicability and future effect that implements,
interprets, or prescribes law or policy, or describes the organization,
procedure, or practice requirements of any agency. The term does not include
regulations concerning only the internal management of an agency and not
affecting private rights of or procedures available to the public, nor does the
term include declaratory rulings issued pursuant to section 91-8, nor
intra-agency memoranda.
[(5) "Contested
case" means a proceeding in which the legal rights, duties, or privileges
of specific parties are required by law to be determined after an opportunity
for agency hearing.
(6) "Agency
hearing" refers only to such hearing held by an agency immediately prior
to a judicial review of a contested case as provided in section 91-14.]"
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Administrative Procedures; State and County Agencies
Description:
Allows state and county agencies to participate in administrative procedures under chapter 91, Hawaii Revised Statutes, by including "agencies" within the definition of "persons" in section 91-1, Hawaii Revised Statutes. (HB1033 CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.