The implementation of HB341 will have significant effects on administrative law in Hawaii. The bill creates a clear boundary regarding jurisdiction among state agencies, allowing for more efficient handling of petitions while preventing overlapping authority from multiple agencies. By making orders under the state’s administrative procedure law final and not appealable, it reinforces agency decisions, which proponents argue adds clarity and expediency to the administrative process. Effective from July 1, 2021, the bill also preserves the rights and duties established before its effective date.
Summary
House Bill 341 aims to amend Section 91-8 of the Hawaii Revised Statutes, focusing on the process of declaratory rulings by state agencies. The bill stipulates that any interested person may petition an agency for a declaratory order regarding the applicability of statutory provisions or rules. However, agencies are prevented from accepting petitions concerning issues for which another agency has already issued a decision with sole or shared jurisdiction. This change is intended to streamline the process and reduce redundancy in decision-making among agencies.
Contention
One of the notable points of contention surrounding HB341 is the potential for diminishing individuals' recourse in challenging agency decisions. By prohibiting the acceptance of petitions on already adjudicated issues, critics may argue that it limits the voices of stakeholders who may wish to contest or clarify rulings under different circumstances. This change could create a perception that agencies must operate within more rigid confines, potentially leading to concerns about agency accountability and responsiveness to public input.
An Act Concerning The State Budget For The Biennium Ending June 30, 2027, And Making Appropriations Therefor, And Provisions Related To Revenue And Other Items Implementing The State Budget.