HRS §87A-26
How the board makes rules and policies
The board can make rules for this law without following the usual state rulemaking process, but must follow its own process that includes talking to employers and employee groups, holding open meetings, getting the governor's approval, and filing rules with the lieutenant governor. The board can also issue policies and procedures that match its rules. For dispute resolution when there is a deadlock, the board needs six trustees to agree on the rules.
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The statute, as written — Rules; policies, standards, and procedures
(a) The board may adopt rules for the purposes of this chapter. Rules shall be adopted without regard to chapter 91. Rulemaking procedures shall be adopted by the board and shall minimally provide for: (1) Consultation with employers and affected employee organizations with regard to proposed rules; (2) Adoption of rules at open meetings that permit the attendance of any interested persons; (3) Approval of rules by the governor; and (4) Filing of rules with the lieutenant governor. (b) The board may also issue policies, standards, and procedures consistent with its rules. (c) The board may adopt rules, without regard to chapter 91, governing dispute resolution procedures in the event of impasse in decision-making; provided that the rules shall be adopted with the concurrence of six trustees.
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