(a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the transporting of flora and fauna into and within the State. Such rules shall not be subject to chapter 91.
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Terms Used In Hawaii Revised Statutes 150A-9.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the department of agriculture. See Hawaii Revised Statutes 150A-2
(b) An interim rule may be adopted in the event that the importation or movement of any flora or fauna, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or fauna present in the State which is so immediate in nature as to constitute an emergency. No interim rule shall be adopted without such a finding by the advisory committee on plants and animals created under § 150A-10.
(c) Interim rules adopted by the department pursuant to this section shall be effective as stated by such rules; provided that:

(1) Any interim rule shall be published at least once statewide within twelve days of issuance; and
(2) No interim rule shall be effective for more than one year.
(d) Any person may appeal the reasonableness of any interim rule or determination of the advisory committee to the circuit court.

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