Hawaii Public Testimony Process: How to Participate in Legislative and Agency Hearings

The public testimony process in Hawaii provides a formal mechanism for residents, organizations, and affected parties to submit recorded input on proposed legislation and administrative rulemaking. This process operates through two distinct channels: the Hawaii State Legislature and state executive agencies conducting administrative hearings under Hawaii Revised Statutes Chapter 91. Understanding the structural differences between these channels, the filing requirements, and the procedural rules governing each is essential for any party seeking to place testimony into an official record.

Definition and scope

Public testimony in Hawaii refers to written or oral statements submitted to a deliberative body — either a legislative committee or an administrative agency — for inclusion in the official record of a proceeding. The legal foundation for legislative testimony rests in the procedural rules of the Hawaii State Legislature, specifically the rules governing standing committees of the Senate and House of Representatives. Administrative rulemaking testimony operates under Hawaii Revised Statutes § 91-3, which mandates that agencies provide public notice and an opportunity for comment before adopting, amending, or repealing any administrative rule.

Scope and coverage: This page addresses testimony procedures governed by Hawaii state law and the rules of the Hawaii State Legislature. It does not cover testimony procedures before federal agencies, federal congressional hearings, or the legislative bodies of the four Hawaii counties (Honolulu, Maui, Hawaii County, and Kauai), each of which operates under separate county charter provisions. Testimony to county councils follows distinct rules not covered here. For a broader orientation to the structure of Hawaii government, the Hawaii Government Authority index provides an overview of agencies and jurisdictions.

How it works

Legislative testimony operates on a committee-by-committee basis. When a bill or resolution is scheduled for a committee hearing, the committee chair announces the hearing at least 48 hours in advance (Hawaii Senate Rule 17). Written testimony may be submitted electronically through the Hawaii Legislature's testimony portal at capitol.hawaii.gov. Oral testimony is permitted if the committee chair allows in-person or remote participation.

The structured process for submitting legislative testimony follows this sequence:

  1. Locate the scheduled bill or resolution on the Hawaii Legislature website, confirming the committee, hearing date, and deadline.
  2. Prepare written testimony identifying the submitter's name, the measure number, and a stated position (support, oppose, or comments only).
  3. Submit electronically via the testimony portal before the committee's posted deadline — typically 24 hours before the scheduled hearing.
  4. If oral testimony is permitted, register with committee staff before the hearing convenes.
  5. Oral testimony in House committees is generally limited to 3 minutes per testifier; Senate committee limits vary by chair.

Administrative rulemaking testimony under HRS § 91-3 follows a notice-and-comment structure. Agencies must publish a Notice of Rulemaking in a statewide publication and allow a minimum 20-day public comment period before a public hearing is held. Written comments may be submitted directly to the rulemaking agency by mail or electronic means specified in the notice.

Common scenarios

Scenario 1 — Bill testimony: A residents' association opposing a land use bill appearing before the House Committee on Housing submits written testimony through the Legislature's portal 36 hours before the scheduled hearing. The association requests 3 minutes of oral time. The committee clerk confirms the request the morning of the hearing.

Scenario 2 — Agency rulemaking: The Hawaii Department of Health proposes an amendment to administrative rules governing air quality standards. The department publishes a Notice of Rulemaking in the Honolulu Star-Advertiser, opening a 30-day comment window. An environmental advocacy organization submits 12 pages of written comment addressing 4 specific rule subsections.

Scenario 3 — Budget hearing: During the annual budget cycle, the Legislature schedules a joint hearing of the Senate and House Finance Committees. The Hawaii state budget process generates public hearings at which department heads, unions, and private parties may all testify within the same committee session.

Scenario 4 — Contested case hearing: Distinct from general rulemaking, contested case hearings under HRS § 91-9 apply when individual rights or licenses are at stake. Participation in contested cases requires formal intervention, not a simple written submission. This is a procedurally different channel from standard public comment.

Decision boundaries

The distinction between legislative testimony and administrative testimony carries practical consequences. Legislative testimony is advisory — committees are not legally obligated to respond to or adopt any position expressed. Administrative rulemaking testimony, by contrast, is procedurally binding on the agency: under HRS § 91-3, agencies must consider all timely submitted comments before finalizing a rule, and a failure to provide adequate opportunity for comment can render an adopted rule void.

Two additional distinctions govern participation eligibility:

The Hawaii Ethics Commission oversees conduct standards for state employees who may participate in rulemaking processes. Separately, registered lobbyists appearing before legislative committees must comply with disclosure requirements administered by the Hawaii Campaign Spending Commission. The Hawaii open government laws framework — principally HRS Chapter 92 (the Sunshine Law) and HRS Chapter 92F (the Uniform Information Practices Act) — governs public access to hearing records, submitted testimony, and agency decision documents.

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