Proposed Rulemaking

PUC RULE CHAPTERS 6-61, 6-63, 6-65, AND 6-68 WILL MOVE FROM TITLE 6 TO TITLE 16

Act 108, Session Laws of Hawaii 2014 (Act 108), transferred the Public Utilities Commission (PUC) from Department of Budget and Finance (B&F) to Department of Commerce and Consumer Affairs (DCCA).  The numbering system for the Hawaii Administrative Rules (HAR) uses different numbers for different departments. The B&F rules are in Title 6, and the DCCA rules are in Title 16.

Therefore, in accordance with Act 108, four chapters of the HAR will move, substantially as-is, from B&F (Title 6) to DCCA (Title 16).  To change the numbers requires the simultaneous repeal of the existing chapters (in the B&F title) and adoption of new chapters (in the DCCA title). The existing and new chapters are provided below:

  • Repeal: Chapter 6-61, Rules of Practice and Procedure before the Public Utilities Commission
  • Adopt: Chapter 16-601, Rules of Practice and Procedure before the Public Utilities Commission
  • Repeal: Chapter 6-63, Motor Carrier Tariffs and Schedules
  • Adopt: Chapter 16-603, Motor Carrier Tariffs and Schedules
  • Repeal: Chapter 6-65, Water Carriers
  • Adopt: Chapter 16-605, Water Carriers
  • Repeal: Chapter 6-68, Investigation and Enforcement of Laws Governing Public Utilities, Motor Carriers, and Water Carriers
  • Adopt: Chapter 16-608, Investigation and Enforcement of Laws Governing Public Utilities, Motor Carriers, and Water Carriers

Public hearings were held to receive testimony related to the simultaneous repeal of four (4) and adoption of four (4) chapters of the Hawaii Administrative Rules, described above. There were no objections.

Since the rules are commonly cited in matters brought before the PUC, an effort will be made to inform the public and regulated entities prior to the effective date of the repeal and adoption.

The final, formatted rules are to be filed with the office of the Lieutenant Governor.

After that, the rules become effective either:

  • Automatically, 10 days after filing with the office of the Lieutenant Governor; or
  • Upon a later date specified in the rules, although the later date shall not be more than 30 days after filing with the office of the Lieutenant Governor.

It is our intention, to allow for ample prior notice and to minimize confusion, that the change will take place with the start of the new calendar year in 2019.