§91-2 Public information. (a) In
addition to other rulemaking requirements imposed by law, each agency shall:
(1) Adopt as a rule a description of the methods
whereby the public may obtain information or make submittals or requests.
(2) Adopt rules of practice, setting forth the nature
and requirements of all formal and informal procedures available, and including
a description of all forms and instructions used by the agency.
(3) Make available for public inspection all rules
and written statements of policy or interpretation formulated, adopted, or used
by the agency in the discharge of its functions.
(4) Make available for public inspection all final
opinions and orders.
(b) No agency rule, order, or opinion shall be
valid or effective against any person or party, nor may it be invoked by the
agency for any purpose, until it has been published or made available for
public inspection as herein required, except where a person has actual
knowledge thereof.
(c) Nothing in this section shall affect the
confidentiality of records as provided by statute. [L 1961, c 103, §2; Supp,
§6C-2; HRS §91-2]
Case Notes
"Actual
knowledge" referred to in section cannot give effect to rules not adopted
in conformity with §91-3 and §91-4. 55 H. 478, 522 P.2d 1255.
Planning and
permitting department's policy of refusing to publicly disclose developer's
engineering reports prior to their approval constituted a "rule"; as
this policy was not "published or made available for public
inspection" nor did plaintiff have actual knowledge of the policy prior to
its initial request for the reports, department did not comply with this
chapter and was proscribed from invoking this policy; thus, department violated
this chapter by refusing to publicly disclose any unaccepted engineering
reports and written comments, and all of its files, including developer's file,
were public records that could be examined upon request. 119 H. 90, 194 P.3d
531.
Cited: 904 F. Supp.
1098.
Notes of Decisions
Unite Here! Local 5 v. City & Cnty. of Honolulu, 231 P.3d 423 (Haw. 2010).
· cites it 12× “'" (Citing HRS § 91-2 (1993). [19] ) Specifically, Kuilima points to various instances when "[m]embers of KNSC [allegedly] admitted to having `actual knowledge,'" including, inter alia, (1) Shafer's receipt of DPP's January 19, 2006 response letter, indicating that a SEIS was…”
Singleton v. Liquor Comm'n, 140 P.3d 1014 (Haw. 2006).
· cites it 6× “, doing business as Paparazzi (Applicant) complied with the notice requirements of HRS § 281-57 related to its application for a liquor license, (4) the designation of State and County governments as “owner[s] of record” did not constitute “rule-making” under HRS §§ 91-2 (1993),…”
East Diamond Head Ass'n v. Zoning Bd. of Appeals of Honolulu, 479 P.2d 796 (Haw. 1971).
· cites it 8× “" [3] HRS § 91-2, "Public Information", provides in part: "(a) In addition to other rulemaking requirements imposed by law, each agency shall: * * * * * (2) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, and…”
Aguiar v. Hawaii Hous. Auth., 522 P.2d 1255 (Haw. 1974).
· cites it 6× “4 Once an agency statement is found to be a “rule’ ’ within the meaning of HRS § 91-1(4), the agency must, among other requirements, make it available for public inspection, adopt it only after following certain procedures aimed at giving the public notice of the proposed rule…”
Tai v. Chang, 570 P.2d 563 (Haw. 1977).
· cites it 2× “HRS § 91-2(b). Under HAPA, however, the term rule is defined to exclude “regulations concerning only the internal management of an agency.”
Kalapodes v. E. E. Black, Ltd., 669 P.2d 635 (Haw. 1983).
· cites it 2× “2 More specifically, HRS § 371-4(h) empowers the Appeals Board to adopt its own rules of procedure in accordance with HRS § 91-2(a)(2). For the period in question, 1977-1979, the Appeals Board had promulgated rules allowing both consolidation of claims and joinder of parties in…”
Rose v. Oba, 717 P.2d 1029 (Haw. 1986).
· cites it 2× “HAPA requires that all rules, among other things, be made available for public inspection, HRS § 91-2(a)(3) (1976), be adopted only after following certain procedures aimed at giving the public notice of the proposed rules and an opportunity to participate in their adoption, HRS…”
Melemanu Woodlands Cmty. Ass'n v. Koga, 533 P.2d 867 (Haw. 1975).
· cites it 2× “Plaintiff association sought to have such action enjoined until the commission shall adopt rules and regulations consistent with HRS § 91-2 concerning the conduct of public hearings which it is required by law to hold as well as the procedures that will govern such commission…”
Ford v. Bd. of Appeals (Haw. App. 2026).
· cites it 4× “As is relevant here, HRS § 91-2 (2012) provides: (a) In addition to other rulemaking requirements imposed by law, each agency shall: .”
— Haw. Rev. Stat. § 91-2(a) — 1 case
East Diamond Head Ass'n v. Zoning Bd. of Appeals of Honolulu, 479 P.2d 796 (Haw. 1971).
“" [3] HRS § 91-2, "Public Information", provides in part: "(a) In addition to other rulemaking requirements imposed by law, each agency shall: * * * * * (2) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, and…”
— Haw. Rev. Stat. § 91-2(a)(2) — 1 case
Kalapodes v. E. E. Black, Ltd., 669 P.2d 635 (Haw. 1983).
“2 More specifically, HRS § 371-4(h) empowers the Appeals Board to adopt its own rules of procedure in accordance with HRS § 91-2(a)(2). For the period in question, 1977-1979, the Appeals Board had promulgated rules allowing both consolidation of claims and joinder of parties in…”
— Haw. Rev. Stat. § 91-2(a)(3) — 2 cases
Rose v. Oba, 717 P.2d 1029 (Haw. 1986).
“HAPA requires that all rules, among other things, be made available for public inspection, HRS § 91-2(a)(3) (1976), be adopted only after following certain procedures aimed at giving the public notice of the proposed rules and an opportunity to participate in their adoption, HRS…”
— Haw. Rev. Stat. § 91-2(a)(4) — 1 case
— Haw. Rev. Stat. § 91-2(b) — 4 cases
Aguiar v. Hawaii Hous. Auth., 522 P.2d 1255 (Haw. 1974).
“4 Once an agency statement is found to be a “rule’ ’ within the meaning of HRS § 91-1(4), the agency must, among other requirements, make it available for public inspection, adopt it only after following certain procedures aimed at giving the public notice of the proposed rule…”
Tai v. Chang, 570 P.2d 563 (Haw. 1977).
“HRS § 91-2(b). Under HAPA, however, the term rule is defined to exclude “regulations concerning only the internal management of an agency.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.