§92-28 State service fees; increase or decrease of. Any law to the contrary notwithstanding, the fees or other nontax revenues assessed or charged by any board, commission, or other governmental agency may be increased or decreased by the body in an amount not to exceed fifty per cent of the statutorily assessed fee or nontax revenue, to maintain a reasonable relation between the revenues derived from such fee or nontax revenue and the cost or value of services rendered, comparability among fees imposed by the State, or any other purpose which it may deem necessary and reasonable; provided that:
(1) The authority to increase or decrease fees or nontax revenues shall be subject to the approval of the governor and extend only to the following: chapters 36, 92, 94, 142, 144, 145, 147, 150, 171, 188, 189, 231, 269, 271, 321, 338, 373, 412, 414, 414D, 415A, 417E, 419, 421, 421C, 421H, 421I, 425, 425E, 428, 431, 436E, 437, 437B, 438, 439, 440, 441, 442, 443B, 444, 447, 448, 448E, 448F, 448H, 451A, 451J, 452, 453, 453D, 454, 455, 456, 457, 457A, 457B, 457G, 458, 459, 460J, 461, 461J, 462A, 463, 463E, 464, 465, 466, 466K, 467, 467E, 468E, 468L, 468M, 469, 471, 482, 482E, 484, 485A, 501, 502, 505, 514A, 514B, 514E, 572, 574, and 846 (part II);
(2) The authority to increase or decrease fees or nontax revenues under the chapters listed in paragraph (1) that are established by the department of commerce and consumer affairs shall apply to fees or nontax revenues established by statute or rule;
(3) The authority to increase or decrease fees or nontax revenues established by the University of Hawaii under chapter 304A shall be subject to the approval of the board of regents; provided that the board's approval of any increase or decrease in tuition for regular credit courses shall be preceded by an open public meeting held during or prior to the semester preceding the semester to which the tuition applies;
(4) This section shall not apply to judicial fees as may be set by any chapter cited in this section;
(5) The authority to increase or decrease fees or nontax revenues pursuant to this section shall be exempt from the public notice and public hearing requirements of chapter 91; and
(6) Fees for copies of proposed and final rules and public notices of proposed rulemaking actions under chapter 91 shall not exceed 10 cents a page, as required by section 91-2.5. [L 1964, c 32, §2; Supp, §7-4.5; HRS §92-28; am L 1983, c 167, §2; am L 1985, c 270, §4; am L 1987, c 283, §15; am L 1988, c 141, §10; am L 1989, c 89, §2; am L 1993, c 350, §3; am L 1995, c 95, §1; am L 1996, c 251, §2; am L 1999, c 301, §3(3); am L 2002, c 40, §3; am L 2003, c 210, §2; am L 2004, c 116, §2; am L 2006, c 75, §6 and c 229, §4; am L 2007, c 155, §§1, 2; am L 2009, c 11, §26]
Note
Chapters 454 and 846 (part II) referred to in paragraph (1) are repealed. For present provisions, see chapter 454F and chapter 286 (part XVI), respectively.
Attorney General Opinions
Basis against which the 50 per cent maximum is to be applied is the individual fee item or individual nontax revenue. Att. Gen. Op. 64-24.
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