Pursuant to sections 91-3 and 92-41, Hawaii Revised Statutes (HRS), the Department of Health will receive written and oral testimony and hold a public hearing on its proposed adoption of chapter 11-81, Hawaii Administrative Rules (HAR), Smoking in Public Places.

The subjects and purposes of the adoption of chapter 11-81, HAR, are to:

1. Define and clarify terms applicable to chapter 328J, HRS, and these rules;

2. Establish a process for administering exemptions from chapter 328J, HRS. For example, an exemption from the reasonable distance presumption in section 328J-6, HRS, is established;

3. Clarify how chapter 328J, HRS, and these rules apply to private residences;

4. Establish and clarify requirements for “no smoking” signs;

5. Establish and clarify a process for enforcement of chapter 328J, HRS, and these rules;

6. Establish and clarify a process for suspension or revocation of licenses issued by the Department of Health;

7. Establish and clarify the powers of Department of Health inspectors and other law enforcement officers to enforce chapter 328J, HRS, and these rules;

8. Establish and clarify responsibilities of owners, managers, operators, or employees of businesses to comply with chapter 328J, HRS;

9. Clarify how chapter 328J, HRS, and these rules apply to hotels and cruise ships; and

10. Establish and clarify criteria for exceptions from chapter 328J, HRS. For example, exceptions for retail tobacco stores and for scenes within a production being filmed are established.

The adoption of chapter 11-81, HAR, may include additions, deletions, or amendments suggested by oral or written testimony.

All interested persons shall be afforded an opportunity to submit testimony orally, in writing, or via email (tobacco2@doh.hawaii.gov) at the time of the hearing, or by mail to: Tobacco Prevention & Education Program (TPEP), 1250 Punchbowl Street, Room 217, Honolulu, Hawaii 96813 . All written or email testimony must be received by the close of business on August 19, 2009, for the Department of Health to consider it.

The Public Hearing for the adoption of chapter 11-81, HAR, will be held:

For Neighbor Islands
DATE: Monday, August 10, 2009
TIME: 3:00pm – 4:30pm
VIDEO CONFERENCE CENTER LOCATIONS:

For Oahu
DATE: Wednesday, August 12, 2009
TIME: 3:00pm – 4:30pm
LOCATION: State Capitol, Room 016

To request a copy of the proposed rules by mail, contact TPEP by calling (808) 586-4613, or writing to TPEP, 1250 Punchbowl Street, Room 217, Honolulu, Hawaii 96813. Copies of the proposed rules are available for review from the hours of 8:00 a.m. to 4:15 p.m., Monday through Friday (not including State holidays). The proposed rules may also be accessed via the internet at: http://www.hawaii.gov/health/about/rules/admrulechanges.html