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HomeMy WebLinkAboutRules of Practice-Cost ControlRULES OF PRACTICE AND PROCEDURES OF THE COST CONTROL COMMISSION RULE No. 1 PURPOSE OF RULES. These rules shall govern the practice and procedure before the Cast Control Commission under Articles XXVIII of The Charter of The County of Kauai. The rules shall be construed to secure the just and efficient determination of every proceeding before the Cost Control Commission. RULE No. 2 DEFINITIONS. Whenever used in these rules, the terms shall be taken to have the following meanings: (a) "Commission" shall mean the Cost Control Commission of the County of Kauai, State of Hawaii. (b) "County" shall mean the County of Kaua'i. (c) "Person" shall mean, when appropriate to the context, not only individuals, but corporations, firms, associations, societies, and Federal, State and County departments and agencies. (d) "Proceeding" means any matter that is brought before the Commission in which it has jurisdiction. (e) "Rules" means the Rules of Practice and Procedure before the Commission. RULE No. 3. PUBLIC INFORMATION AND INSPECTION. (a) Obtaining Information. The public may obtain information on matters within the jurisdiction of the Commission by inquiring in person, during regular business hours, at the office of the County Clerk, County of Kauai, Uhu'e, Hawai'i, or by submitting a written request to said department. (b) Public Inspection of Rules. All rules of the Commission, including the adoption, amendment, or repeal thereof, are available for public inspection during regular business hours at the Office of the Count Clerk, County Building, 4396 Rice Street, Uhu'e, Hawai'i. Copies of the rules shall be available to the public at a price fixed by ordinance of the County of Kaua'i. (c) Public Inspection of Statements of Policy and Interpretation. All written statements of policy or interpretation formulated, adopted or used by the Commission in the discharge of its functions and all final opinions and orders of the Commission are available for public inspection at the Office of the County Clerk during regular business hours. Cost Control Commission, County of Kauai 1 I P a g e (d) Public Information and Inspection Prohibited, When. Matters within the jurisdiction of the Commission, including confidential information, written statements of policy or interpretation formulated, adopted, or used by the Commission in the discharge of its functions, may be withheld from the public where permitted by law. RULE No. 4. ADOPTION, AMENDMENT OR REPEAL OF RULES. (a) Method of Adopting, Amending or Repeal of Rules. The rules adopted, amended or repealed by the Commission shall be make in accordance with the following procedure: (1) Prior to the adoption, amendment or repeal of any rule, a public hearing shall be held by the Commission. At least twenty (20) days notice shall include a statement of the substance of the proposed rule, and of the date, time and place where interested persons may be heard thereon. The notice shall be mailed to all persons who have made a timely written request of the Commission for advance notice of its rule- making proceedings, and shall be published at least once in a newspaper of general circulation. (2) All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing. The Commission shall fully consider all written and oral submissions respecting the proposed rule. The Commission may make its decision at the public hearing or announce then the date as to when it intends to make its decision. Upon adoption, amendment or repeal of a rule, the Commission shall, if requested to do so by an interested person, issue a concise statement of the principal reasons for and against its determination. (3) Notwithstanding the foregoing, if the Commission finds that an imminent peril to the public health, safety or morals requires adoption, amendment or repeal of a rule without notice of a hearing or upon less than twenty (20) days' notice of hearing and states in writing its reasons for such finding, it may proceed without prior notice or hearing upon such abbreviated notice and hearing as it finds practicable to adopt an emergency rule to be effective for a period of not longer than one hundred twenty (120) days without renewal. (b) Filin . Certified copies of the rules adopted, amended or repealed by the Commission shall be filed forthwith with the County Clerk, and as may be otherwise required by law for the filing of rules for boards and commissions. (c) Effective Date of Rules. The adoption, amendment or repeal of any rule by the Commission shall become effective: Cost Control Commission, County of Kauai 2 1 P a g e (1) Ten (10) days after filed of the rules with the County Clerk; provided that, if a later effective date is required by statute or specified in the rule, such later date shall be the effective date. However, no rule shall specify an effective date in excess of thirty (30) days after the filing of the rule as provided herein. (2) An emergency rule shall be effective, upon filing with the county Clerk, for a period of not longer than one hundred twenty (120) days without renewal unless extended in compliance with the provisions of subsections (1) and (2) of Rule 4(a), if the Commission finds that immediate adoption of the rule is necessary because of imminent peril to the public health, safety or morals. The Commission's finding and brief statement of the reasons therefore shall be incorporated in the rule as filed. The Commission shall make an emergency rule known to persons who will be affected by it by publication at least once in a newspaper or general circulation within five (5) days from the date of filing of such rule. RULE No. 5. PETITION FOR ADOPTION, AMENDMENT OR REPEAL OF RULES. (a) Any interested person may petition the Commission for a declaratory order as to the applicability of any statute, ordinance or of any rule or order of the Commission. (b) The petition shall be submitted in seven (7) copies to the Commission in care of the Office of the County Clerk and shall include: (1) A statement of the nature of the petitioner's interest. (2) A draft of the substance of the proposed rule or amendment or a designation of the provision sought to be repealed. (3) An explicit statement of the reasons in support of the proposed rule, amendment or repeal. (c) The Commission shall, within ninety (90) days after the submission of the petition, either deny the petition, in writing, stating its reasons for such denial, or initiate proceedings in accordance with Section 91 -3, Hawaii Revised Statutes, for the adoption, amendment or repeal of the rules, as the case may be. RULE No. 6 DECLARATORY RUING BY COMMISSION. (a) Any interested person may petition the Commission for a declaratory order as to the applicability of any statute, ordinance or of any rule or order of the Commission. (b) The petition shall be submitted in seven (7) copies to the Commission in care of the Office of the County Clerk and shall include: Cost Control Commission, County of Kauai 3 1 P o g e (1) The name, address and telephone number of the petitioner (2) A statement of the nature of petitioner's interest, including reasons for the submission of the petition. (3) A designation of the specific provisions, rule or order in question. (4) A complete statement of facts. (5) A statement of the position or contention of the petitioner. (6) A memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position or contention. (c) Any petition which does not conform to the foregoing requirements may be rejected. (d) The Commission may, for good cause, refuse to issue a declaratory ruling. Without limiting the generality of the foregoing, the Commission may so refuse where: (1) The questions is speculative or purely hypothetical and does not involve existing facts, or facts which can reasonably be expected to exist in the near future. (2) The petitioner's interest is not of the type which would give him standing to maintain an action of he were to seek judicial relief. (3) The issuance of the declaratory ruling may adversely affect the interest of the County, the Commission or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. (4) The matter is not within the jurisdiction of the Commission. (e) Where any questions of law is involved, the Commission may refer the matter to the County Attorney. The Commission may also obtain the assistance of other agencies, where necessary or desirable. (f) Upon the disposition of his petition, the petitioner shall be promptly informed in writing thereof by the Commission. (g) Orders disposing of petitions shall have the same status as other Commission orders. Orders shall be applicable only to the fact situation alleged in the petition or set forth in the order. They shall not be applicable to different fact situations or where additional facts not considered in the order exist. RULE No. 7 ORGANIZATION AND POLICY. Cost Control Commission, County of Kauai 4 1 P a g e (a) Composition of Commission. The Commission shall consist of seven (7) members as provided by the Charter of the County of Kauai. (b) Appointment of Secretary. Subject to the Civil Service and Compensation laws, the Secretary of the Commission shall be such officer or employee of the office of the County Clerk as the Commission shall appoint. (c) Election of Chairman, Vice - Chairman. The members of the Commission shall elect annually in the month of November a Chair and a Vice Chair to serve for the ensuing year. In the absence of the Chair at any meeting, the Vice Chair shall preside over the meeting. (d) Transacting of Business. A majority of the Commission shall constitute a quorum for the transaction of business. The concurring vote of the majority of the members shall be necessary to take any action. (e) Special Committees. Special committees as may be necessary shall be appointed by the chair. (f) Commission Meeting. The regular meetings of the Commission shall be held on the second Thursday of each month at 4:30 p.m. at the Council Chambers of the County Building, Uhu'e, Hawai'i, or at any other hour or location designated by the Chair of the Commission. Special meetings may be held at the call of the Chair or the Acting Chair. Three or more members of the Commission may consent to postponement of any meeting to any other day within the following week. (g) Executive Meetings. The Commission may, for only those purposes provided by law, hold an executive meeting in which the public may be excluded, but only if there is an affirmative vote of two - thirds of the members present at the meeting. The reason for holding the executive meeting and the vote of the members shall be recorded and entered into the minutes of the meeting. The following can be the basis for an executive meeting: (1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses. (2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against him, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held. Cost Control Commission, County of Kauai 5 1 F o g e (3) To deliberate concerning the authority of persons designated by the Commission to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations. (4) To consult with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities. (5) To investigate proceedings regarding criminal misconduct. (6) To consider sensitive matters related to public safety or security. No ruling, regulation, contract, appointment, or decision shall be finally acted upon in an executive meeting. (h) Emergency Meetings; Notice. An emergency meeting is a meeting in which the six (6) day notice requirement cannot be met. Such a meeting can only be held if there is a written finding that there is imminent peril to the public health, safety or welfare and provided the following procedures are met. (1) The Commission states in writing the reasons for its finding. (2) Two - thirds of the members to which the Commission is entitled agree that the findings are correct and an emergency exists. (3) An emergency agenda and the findings are filed with the Office of the Lieutenant Governor and the Commission's office. (4) Persons on the mailing list are contacted by mail or phone as soon as practicable. (i) Minutes. The Commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the members. The minutes shall include, but need not be limited to: (1) The date, time, and place of the meeting. (2) The members of the Commission recorded as either present or absent. (3) The substance of all matters proposed, discussed, or decided, and a record, by individual member, of any votes taken. (4) Any other information that any member of the Commission requests be included or reflected in the minutes. Cost Control Commission, County of Kauai 6 1 P o g e The minutes shall be public records and shall be available within thirty (30) days after the meeting, except where such disclosure would be inconsistent with Section 92 -5, HRS; provided, that the minutes of executive meetings may be withheld do long as their publication would defeat the lawful purpose of the executive meeting, but no longer. (j) Decisions and Orders. All decisions and orders shall be signed by the Commisioners who have heard and examined the evidence in the proceeding. The Commission members who have not heard and examined all of the evidence may vote and sign only after the procedures set for the in Section 91 -11, HRS, have been complied with. (1) Effective Date. Unless otherwise indicated in the order, the effective date of a decision and order shall be the date of service. (2) Official copies of decisions and orders and other commission actions shall be promulgated under the signature of the Chair, Executive Officer, or by such other person as may be authorized by the Commission. (k) Removal of Person From Meeting. The Commission may remove any person or persons who willfully disrupts a meeting to prevent and compromise the conduct of the meeting. (1) Agenda. The Commission shall give public notice of any regular, special, or rescheduled meeting by filing the notice with the County Clerk, County Building, Lihu'e, Hawaii, for public inspection. The notice shall be filed at least six (6) calendar days before the meeting and shall include an agenda which lists all of the items to be considered at the forthcoming meeting, and the date, time and place for the meeting. (1) All items for the agenda shall be submitted to the Chair for placement on the agenda no later than two (2) days before the agenda notice is filed. The Chair shall have the discretion of placing items submitted after the deadline on the agenda of the forthcoming meeting, or holding such late items until the next scheduled meeting after the forthcoming meeting. The Chair shall be responsible for designating and approving the form and content of the agenda. RULE No. 8 RULES OF PRACTICE, INFORMAL HEARINGS. (a) Informal Hearing. The Commission may, in its discretion, on its own motion, or upon petition filed with the Commission at least six (6) days prior to the date of the regular meeting, hold an informal hearing on matters within its jurisdiction. The petition need not be in any form but shall, where applicable, include: (1) Nature of the petitioner's interest and the reasons for requesting an informal petition. Cost Control Commission, County of Kauai 7 1 F a g e (2) A complete statement of the relevant facts. (3) Position or contention of the petitioner. (4) Name, address and telephone number or petitioner. In an informal hearing the Commission shall determine the manner and procedure in which the hearing shall be conducted. Certification by Eleanor R. Ragasa & Adoption by the CCC- February 13, 1986 Approved March 13, 1986 by Mayor Tony Kunimura COST CONTROL COMMISSION COUNTY OF KAUAI, STATE OF HAWAII AMENDMENTTO THE RULES OF PRACTICE AND PROCEDURE OF THE KAUA'I COUNTY COST CONTROL COMMISSION Section 1. Findings and Purpose. The secretary to the Cost Control Commission of the County of Kauai, State of Hawaii (hereafter "Commission ") is currently an employee of the Office of the Mayor. As such, the Commission finds that Rule No. 7. (b), titled "Appointment of Secretary." of its Rules of Practice and Procedure of the Cost Control Commission (hereafter "Rule" or "Rules ") is inconsistent with this practice inasmuch as Rule No. 7. (b) states that "the Secretary of the Commission shall be such officer or employee of the Office of the County Clerk as the Commission shall appoint." Therefore, the first purpose of this amendment is to revise Rule No. 7. (b) so that it conforms with current practice. This rule amendment further gives the County Council and Mayor future flexibility to determine whether the secretary to the Commission should be an employee of the Council or Mayor. Further, the Commission finds that its Rule No. 7. (f), which requires that the Commission meet "...on the second Thursday of each month at 4:30 p.m. at the Council Chambers of the County Building, Lihu'e, Hawai'i..." is unduly restrictive as to the dates and times that and places where the Commission must meet. As such, the second purpose of this amendment is to revise Rule No. 7. (f) to allow the Commission more flexibility with regard to its meeting dates, times, and places. Section 2. Amendment to Commission Rule No. 7. (b). Rule No. 7. (b) of the Commission is hereby amended to read as follows: Cost Control Commission, County of Kauai 8 1 P o g e "(b) Appointment of Secretary. Subject to the Civil Service and Compensation laws, the [Secretary] secretary of the Commission shall be such officer or employee of the [Office of the County Clerk] County of Kauai as the Commission shall appoint." Section 3. Amendment to Commission Rule No. 7. (f). Rule No. 7. (f) of the Commission is hereby amended to read as follows: "(f) Commission Meetings. The Regular meetings of the commission shall be held [on the second Thursday of each month at 4:30 o'clock p.m. at the Council Chambers of the County Building, Uhu'e, Hawai'i, or at any other hour or location] once a month on a date and time and at a place designated by the Chair of the Commission. Special meetings may be held at the call of the Chair or the Acting Chair. Three or more members of the Commission may consent to postponement of any meeting to any other [day within the following week] date." Section 3. Statement of effect. Language in the preceding rules to be deleted is bracketed. New rule language is underscored. Section 4. Effective date. This amendment shall take effect ten (10) days after its filing with the Clerk of the County of Kauai. Section 5. Date of adoption. This amendment to the Rules was adopted by the Commission at its regular meeting held on April 20, 1995. Cost Control Commission, County of Kauai 9 1 P o g e