reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 4 - ENFORCEMENT › Section 15-150-34 - Issuance of notice of violation and order

Current through June, 2024
(a) If the director
				  determines that any person is violating any provision of this chapter or any
				  condition of approval issued pursuant to this chapter, the lead agency may have
				  the person served, by mail or personal delivery, with a notice of violation and
				  order.
(b) The notice of violation
				  shall include at least the following information:
(1) Date of the notice;
(2) The name and address of the person
				  noticed;
(3) The section of the
				  rules that has been violated;
(4)
				  The nature of the violation; and
(5) The location and time of the
				  violation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 4 - ENFORCEMENT › Section 15-150-35 - Effect of the order; right to a hearing

Current through June, 2024
(a) The provisions
				  of the order issued by the director pursuant to this subchapter shall become
				  final twenty days after the date of the mailing or personal delivery of the
				  order unless within those twenty days the person subject to the order requests
				  in writing a hearing before the lead agency. The request for a hearing shall be
				  considered timely if the written request is delivered or mailed and postmarked
				  to the lead agency within the twenty days.
(b) Upon receipt of the written request for
				  hearing, the lead agency shall specify a time and place for the hearing,
				  subject to the order, to appear and be heard. The hearing shall be conducted by
				  the lead agency in accordance with chapter
				  91, HRS. Following the hearing, the
				  director may affirm, modify, or rescind the order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 4 - ENFORCEMENT › Section 15-150-36 - Judicial enforcement of the order

Current through June, 2024
The director may institute a civil action in any court of
					 competent jurisdiction to enforce any order issued pursuant to these rules.
					 Where the civil action has been instituted to enforce the civil fine imposed by
					 the order, the director need only show that the notice of violation and order
					 were served; a hearing was held or the time granted to request a hearing had
					 expired without a request; a civil fine was imposed; and that the fine imposed
					 has not been paid.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 4 - ENFORCEMENT › Section 15-150-37 - Judicial enforcement of rules

Current through June, 2024
The director may institute a civil action in any court of
					 competent jurisdiction for injunctive relief to prevent violation of any
					 provision of these rules or any condition attached to an approved application
					 issued in accordance with these rules in addition to any other remedy provided
					 for under these rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 4 - ENFORCEMENT › Section 15-150-38 - Appeal in accordance with statute

Current through June, 2024
If any person is aggrieved by the order issued by the
					 director pursuant to this chapter, the person may appeal the order pursuant to
					 chapter
					 91, HRS, provided that no provision of
					 the order shall be stayed on appeal unless specifically ordered by a court of
					 competent jurisdiction.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 5 - SEVERABILITY › Section 15-150-39 - Invalid provisions

Current through June, 2024
If any provision of this chapter or its application to any
					 person or circumstance is held invalid, the invalidity does not affect other
					 provision or application of conditions of these rules which can be given effect
					 without the invalid provision or application, and to this end the provisions of
					 these rules are severable."
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide rules governing
				  implementation of the Brownfields Cleanup Revolving Loan Fund (BCRLF)
				  authorized by Act 173, SLH 2002. Other requirements of the BCRLF are contained
				  in federal regulations authorizing the program. The BCRLF is established under
				  a Cooperative Agreement between the U.S. Environmental Protection Agency (EPA),
				  the Department of Business, Economic Development & Tourism (DBEDT), the
				  City & County of Honolulu and the County of Maui to encourage clean up and
				  redevelopment of commercial and industrial properties that are idled,
				  underutilized or abandoned as a result of real or perceived contamination. To
				  encourage clean up and reuse of these properties, the BCRLF may offer low-cost
				  loans to fund cleanup activities at properties that are accepted into the
				  Department of Health's Voluntary Response Program (VRP).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning clearly
				  appears in the context:
"BCRLF" means Brownfields Cleanup Revolving Loan
				  Fund;
"BCRLF Loan Committee" means a committee comprised of three
				  voting members representing the State of Hawaii, County of Maui and City and
				  County of Honolulu and up to two non-voting members with expertise in financing
				  and property redevelopment;
"CERCLA" means Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980, as amended;
"Department" means the department of business, economic
				  development, and tourism;
"Director" means the director of the department of business,
				  economic development, and tourism;
"EPA" means the U.S. Environmental Protection Agency;
"Fund" means Brownfields Cleanup Revolving Loan Fund;
"HEER" means Hazard Evaluation and Emergency Response
				  office;
"Loan" means a loan from the brownfields cleanup revolving
				  loan fund;
"NCP" means National Oil and Hazardous Substances Pollution
				  Contingency Plan;
"OP" means the Office of Planning;
"State" means the State of Hawaii; and
"VRP" means Voluntary Response Program created in 1997 as
				  part of Hawaii's Environmental Response Law, Chapter
				  128D, Part II,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-3 - Fund established

Current through June, 2024
(a) The BCRLF was
				established in the state treasury to hold the following:
(1) Funds from federal or private funding
				sources;
(2) Moneys received as
				repayment of loans and interest payments; and
(3) Any fees collected by the department from
				the activities of the BCRLF program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-4 - Applications pickup

Current through June, 2024
Any applicant for a loan may pick up a VRP application
				  outline and a BCRLF application form at HEER at 919 Ala Moana Blvd., Room 206,
				  Honolulu, Hawaii 96814. Loan applicants may call (808) 586-4249 for information
				  about the VRP and (808) 587-2802 for information about the BCRLF. The VRP
				  application outline is also available on HEER's website:
http://www.hawaii.gov/health/environmental/hazard/vrp.html
.
				  The BCRLF application form is also available on the Hawaii Brownfields website:
http://www.hawaii.gov/dbedt/gis/brownfields/bcrlf.html
.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-5 - Application submission

Current through June, 2024
The applicant should send the completed VRP and BCRLF
				  applications to HEER at 919 Ala Moana Blvd., Room 206, Honolulu, Hawaii 96814.
				  BCRLF applications may be submitted concurrently with the VRP application or
				  upon acceptance into the VRP.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-6 - Eligibility requirements

Current through June, 2024
Brownfields loan eligibility criteria are determined by EPA
				  Cooperative Agreement No. BL-97943301-0 dated September 20, 2002, which
				  incorporates the eligibility criteria of § 104(d)(1) of the Comprehensive
				  Environmental Response, Compensation, and Liability Act of 1980, as amended
				  (CERCLA), 40 C.F.R. Part 35, Subpart O (Cooperative Agreements for Superfund
				  Response Actions), and 40 C.F.R. Part 300 (The National Oil and Hazardous
				  Substances Pollution Contingency Plan), and any future
				  amendments.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-7 - Review of applications

Current through June, 2024
(a) HEER will
				perform the review of the VRP application and make a determination whether to
				accept the applicant into the program.
(b) Upon acceptance of a VRP application, the
				applicant may be offered the opportunity to apply for a BCRLF loan. Once OP
				deems the loan application to be complete and eligible, the department's
				Business Loan Officer will analyze the financial components of the completed
				loan.
(c) OP and the affected
				county government will jointly review the completed loan application to confirm
				that the project qualifies for the BCRLF program and will then jointly submit
				the application to the Hawaii BCRLF Loan Committee for review and
				approval.
(d) Applicants accepted
				into the BCRLF program will receive a letter of commitment from OP detailing
				the terms, conditions, and collateral requirements of the loan. The loan
				authorized by this commitment letter will be subject to final acceptance
				following completion of a technical review and public involvement
				process.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-8 - VRP and technical review

Current through June, 2024
(a) Once an
				applicant is accepted into the VRP and the BCRLF program, OP, HEER and the
				applicant will complete an Approval Memo which will document that the proposed
				cleanup meets the criteria set forth in the CERCLA and will recommend whether
				to proceed with a Removal Action Report.
(b) The applicant in consultation with HEER
				shall prepare a draft Removal Action Report and submit it to HEER.
(c) The HEER site manager will review the
				draft Removal Action Report and recommend acceptance to DOH and OP. The
				applicant will be notified the Removal Action Report is ready for public
				comment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-9 - Community involvement plan

Current through June, 2024
(a) The affected
				county government or OP shall ensure that a site-specific community involvement
				plan is prepared by the loan recipient, designate a spokesperson for the
				proposed cleanup, and establish a public information repository.
(b) The affected county government or OP
				shall make the draft Removal Action Report available to the public for review
				and comment, including publishing a notice of the availability of the draft
				Removal Action Plan, providing a 30-day comment period and holding public
				meetings as appropriate.
(c)
				Following the 30-day comment period, the applicant and HEER will finalize the
				Removal Action Plan and complete a Removal Action Decision Memo that documents
				a determination that a selected cleanup action should be taken at the
				site.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-10 - Final loan approval, execution and repayment

Current through June, 2024
(a)
				Following completion of the final Removal Action Report and the Removal Action
				Decision Memo, the applicant will update the loan application to include the
				selected remedy and any other new information.
(b) The Business Loan Officer will review the
				updated loan application and will prepare an updated credit memorandum to be
				forwarded to OP for final BCRLF Loan Committee approval.
(c) The applicant will be sent a BCRLF Loan
				Agreement for completion and signature and a list of any closing documents to
				be provided by the applicant. The department and the applicant will then
				execute the loan and the applicant shall commence repayment of the loan in
				accordance with the terms and conditions of the loan agreement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 155 - RULES GOVERNING THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND › Section 15-155-11 - Final cleanup report

Current through June, 2024
The cleanup action may not exceed 12 months from the
				  execution date of the loan. The borrower shall submit a final cleanup report no
				  later than 60 days after completion of the cleanup. The borrower shall keep the
				  loan documents and records for ten years or until the loan is repaid, whichever
				  is shorter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 200 - RULES FOR HEALTH AND SAFETY WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 15-200-1 - Purpose

Current through June, 2024
The purpose of this chapter is to govern the use and
					 protection of all lands and historical and natural resources that are under the
					 jurisdiction of the Barbers Point Naval Air Station Redevelopment Commission
					 and to provide for health and safety within the Kalaeloa Community Development
					 District.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 200 - RULES FOR HEALTH AND SAFETY WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 15-200-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning
					 clearly appears from the context:
"Abandoned property" means any and all property, including
					 personal property, items, materials, equipment, fixtures, motor vehicles, or
					 vessels that have been left unattended on land within the Kalaeloa Community
					 Development District for a continuous period of more than twenty-four hours
					 without the written permission of the commission or its authorized
					 representative.
"Authorized representative" means any person authorized by
					 the Barbers Point Naval Air Station redevelopment commission to act for the
					 commission including the chairperson, executive director, and other staff
					 members duly constituted in writing.
"Chairperson" means the chairperson of the Barbers Point
					 Naval Air Station redevelopment commission.
"Commission" means the Barbers Point Naval Air Station
					 redevelopment commission.
"Guard" means any person hired or contracted by the
					 commission to monitor vehicular traffic at the Fort Barrett/Enterprise and
					 Geiger Road gates leading into or out of the Kalaeloa Community Development
					 District.
"Motor vehicle" means a motor vehicle of any type,
					 including, but not limited to, automobiles, trucks, go-carts, motorcycles,
					 motor scooters, mopeds, and dune buggies whether the vehicle is licensed or
					 unlicensed.
"Premises" means any lands within the Kalaeloa Community
					 Development District.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 200 - RULES FOR HEALTH AND SAFETY WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT › Subchapter 2 - ENFORCEMENT › Section 15-200-3 - Penalties

Current through June, 2024
Any person who violates any provision of this chapter
					 shall be liable for restoration or restitution of any damages to public or
					 private property, and shall also be subject to the confiscation of any tools
					 and equipment used in the violation and of any plants, objects, or artifacts
					 removed illegally from the premises.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 200 - RULES FOR HEALTH AND SAFETY WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT › Subchapter 2 - ENFORCEMENT › Section 15-200-4 - Enforcement

Current through June, 2024
(a) The Kalaeloa Community Development
				  District is located within the City and County of Honolulu. The Honolulu Police
				  Department is authorized to enforce the laws, ordinances, and rules of the
				  State of Hawaii, City and County of Honolulu, and the commission within the
				  Kalaeloa Community Development District.
(b) Guards may be placed at the two entry
				  gates to the Kalaeloa Community Development District to monitor vehicular
				  traffic.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 200 - RULES FOR HEALTH AND SAFETY WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT › Subchapter 2 - ENFORCEMENT › Section 15-200-5 - Speed limits

Current through June, 2024
Unless otherwise posted, the maximum speed for motor
					 vehicles within the Kalaeloa Community Development District shall be
					 twenty-five miles per hour. The speed limit may be thirty-five miles per hour
					 in certain areas that were specifically designated for such speeds by the
					 United States Navy and which speed limit may be maintained by the commission in
					 its discretion. Persons who operate vehicles at speeds in excess of the maximum
					 speed limit shall be subject to citation by the Honolulu Police
					 Department.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 200 - RULES FOR HEALTH AND SAFETY WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT › Subchapter 2 - ENFORCEMENT › Section 15-200-6 - Closing of areas

Current through June, 2024
(a) The commission
				  or its authorized representative may establish a reasonable schedule for
				  visiting hours for all or portions of the premises of the Kalaeloa Community
				  Development District. The commission or its authorized representative may close
				  or restrict the public use of all or any portion of the premises when deemed
				  necessary for the protection of the area or the safety and welfare of persons
				  or property, by the posting of appropriate signs indicating the extent and
				  scope of closure. All persons shall observe and abide by the officially posted
				  signs designating closed areas and visiting hours.
(b) Motor vehicles left unattended in closed
				  areas may be impounded by the commission or its authorized representative at
				  any time.
(c) All impounded motor
				  vehicles shall be towed to a place of storage. Towing, storage, and other
				  related costs shall be assessed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 200 - RULES FOR HEALTH AND SAFETY WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT › Subchapter 2 - ENFORCEMENT › Section 15-200-7 - Parking

Current through June, 2024
(a) No person shall park or stand motor
				  vehicles except on roads and parking areas laid out, designed, or provided for
				  parking. All persons shall observe the official traffic signs wherever posted
				  restricting the parking, stopping, or standing of motor vehicles.
(b) No person shall park motor vehicles in
				  designated handicapped stalls without a current disabled person's placard
				  displayed in that motor vehicle.
(c) No person shall park motor vehicles
				  beyond the time limit indicated by the posting of appropriate signs.
(d) In the event that a motor vehicle is
				  parked in a manner that interferes with the safe or orderly management of the
				  premises, or is parked in violation of any provision of this section, it may be
				  impounded by the commission or its authorized representative at any
				  time.
(e) All impounded motor
				  vehicles shall be towed to a place of storage. Towing, storage and other
				  related costs shall be assessed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-1 - Purpose

Current through June, 2024
This chapter governs procedures before the Hawaii
					 community development authority under chapter 206E, HRS, and shall be construed
					 to effectuate the purpose of the chapter and to secure the just and efficient
					 determination of every proceeding.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-2 - Definitions

Current through June, 2024
As used in this chapter, except as otherwise required by
					 context:
"Authority" is as defined by section
					 206E-2, HRS;
"Chairperson" means the duly elected chief presiding
					 officer of the authority and in the absence or incapacity of the chairperson,
					 the vice chairperson;
"Designated representative" means any employee or officer
					 of the department of finance, department of planning and economic development,
					 department of accounting and general services, and department of social
					 services and housing, designated by the respective department head to represent
					 the head at any authority meeting or proceeding with all of the rights and
					 privileges of full membership, provided that designation for representation at
					 any proceeding shall not be made except for the entire duration thereof;
"Executive director" means the chief executive officer of
					 the authority who is appointed by the authority and who serves at the pleasure
					 of the authority;
"Kakaako community development district" as defined by
					 section
					 206E-32,
					 HRS;
"Meetings" means the convening of the authority for which
					 a quorum is required in order to make a decision or to deliberate toward a
					 decision upon a matter under the supervision and control of the
					 authority;
"Petitioner" means any person or agency who or which
					 petitions or on whose behalf a petition is made to the authority and concerning
					 which the authority may take action under statutory or other powers granted to
					 it;
"Proceeding" means to any matter brought before the
					 authority which is given consideration in light of the community development
					 goals of providing a comprehensive plan for the Kakaako district and future
					 community development districts designated by the
					 legislature.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-3 - The authority

Current through June, 2024
(a) The office of
				  the authority is in Honolulu, Hawaii. All communications to the authority shall
				  be addressed to the authority's office, unless otherwise directed.
(b) The office of the authority shall be open
				  from 7:45 a.m. to 4:30 p.m. of each weekday, unless otherwise provided by
				  statute or executive order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-4 - Meetings

Current through June, 2024
(a) The authority may meet and exercise its
				  powers in any part of the State of Hawaii. All meetings of the authority shall
				  be open to the public, except executive meetings. Public notice of all
				  meetings, except emergency meetings, shall be made pursuant to section
				  92-7,
				  HRS. The parliamentary procedure to be utilized by the authority in the conduct
				  of its meetings, shall be based on Robert's Rules of Order, Newly Revised,
				  1971.
(b) Regular meetings shall be
				  held at the regular meeting place of the authority on the first Wednesday of
				  the month, provided that if such date is a legal holiday, then the regular
				  meeting for such date shall be held on the date immediately following the
				  holiday. Any and all business of the authority may be transacted at regular
				  meetings. Notices of meetings of the authority shall:
(1) Be sent to those requesting to be on the
				  mailing list for this purpose and other interested parties;
(2) Be posted in the office of the authority;
				  and
(3) If possible, be distributed
				  to the news media.
The authority may hold its regular meetings on other than
					 the stipulated dates, times, and places, provided that proper notice be given
					 of the changes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-5 - Quorum and number of votes necessary for a decision

Current through June, 2024
The power of the authority shall be vested in the members
					 of the authority in office from time to time. A quorum shall consist of a
					 majority of all the members the authority is entitled to by statute, and the
					 affirmative vote of at least that number of members shall be necessary to make
					 any action of the authority valid.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-6 - Minutes

Current through June, 2024
(a) The authority shall maintain written
				  minutes of all its meetings, setting forth an accurate record of votes and
				  actions taken. Unless otherwise required by law, neither a full transcript nor
				  a recording of the meeting shall be required, but the written minutes shall
				  give a true reflection of the matters discussed at the meeting and the views of
				  the members. The minutes shall include, but are not limited to:
(1) The date, time, and place of the
				  meeting;
(2) The members of the
				  authority recorded as either present or absent;
(3) The substance of all matters proposed,
				  discussed, or decided; and a record of any votes taken by the individual
				  members; and
(4) Any other
				  information that any member of the authority requests be included or reflected
				  in the minutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-7 - Authentication of authority actions

Current through June, 2024
All actions, decisions, and orders taken shall be signed
					 by the members of the authority acting in such proceedings or by the
					 chairperson upon delegation by the members acting in the proceeding. Official
					 copies of decisions, orders, and other authority actions may be distributed
					 under the signature of the chairperson of the authority or a person delegated
					 by the chairperson.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-8 - Submittals and requests

Current through June, 2024
All submittals and requests requiring authority action
					 which may be taken at an authority meeting shall be made in writing and filed
					 with the office of the authority in Honolulu, Hawaii, ten days before the
					 scheduled meeting, or by order of the authority. Requests for public
					 information, copies of official documents, or opportunity to inspect public
					 records shall be made in writing to the authority office or in person at said
					 office.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-9 - Removal of persons from meetings

Current through June, 2024
The authority may remove any person or persons who
					 wilfully disrupt a meeting to prevent and compromise the conduct of the
					 meeting.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-10 - Delegation of administrative duties

Current through June, 2024
(a) The authority
				  may delegate to the executive director such power or authority vested in the
				  authority as it deems reasonable and proper for the effective administration of
				  chapter 206E, HRS, except the power to adopt, amend, or repeal rules.
(b) The authority, by a majority of the
				  members to which it is entitled, may appoint a hearings officer to conduct a
				  proceeding as provided in this chapter and pursuant to the requirements of
				  chapter
				  91, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-11 - Duties of executive director

Current through June, 2024
The executive director is the person appointed by the
					 authority to serve as the chief executive officer of the authority. The
					 executive director shall be directly responsible to the authority, and shall
					 have control of and responsibility for the execution of the authority's
					 policies, the administration of its affairs, and the employment and supervision
					 of its personnel. At each meeting of the authority, the executive director
					 shall furnish its members with such information and make such recommendations
					 as shall be necessary to effect the purposes of the authority and for the
					 proper administration of its affairs. The executive director shall authorize
					 and certify payrolls, requisitions, invoices, and other documents essential to
					 the proper administration of the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-16-12 - Public records

Current through June, 2024
(a) The term
				  "public records" as used in this chapter is defined as in section 92-50, HRS,
				  and shall include all maps, rules, written statements of policy or
				  interpretation formulated, adopted, or used by the authority in its functions,
				  all decisions, orders, minutes of the authority's meetings, and records of any
				  docket on file with the authority but shall not include records which invades
				  the right of privacy of an individual.
(b) All public records shall be available for
				  inspection in the office of the authority during established office hours
				  unless public inspection of the records is in violation of any state or federal
				  laws.
(c) Public records printed or
				  reproduced by the authority shall be given to any person requesting the same
				  and paying the reasonable cost thereof.
(d) Requests for public information, for
				  permission to inspect official records, or for copies of public records shall
				  be handled expeditiously.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-16 - General rule

Current through June, 2024
All persons and parties shall comply with these rules of
					 practice and procedures when appearing before the authority. Procedures to be
					 followed by the authority, unless specifically prescribed in this chapter or by
					 chapters
					 91 and
					 92, HRS, shall be such as in the
					 opinion of the authority will best serve the purposes of the proceeding. The
					 authority may waive or suspend the provisions of this
					 chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-17 - Appearances before the authority

Current through June, 2024
(a) Any party to
				  any proceeding before the authority may appear pro se or an individual may
				  appear as an authorized representative of a partnership, corporation, trust, or
				  association. An officer or employee of an agency of the state or a political
				  subdivision may represent the agency in any proceeding before the
				  authority.
(b) When an individual
				  acting in a representative capacity appears in person or signs a paper
				  submitted to the authority, the personal appearance or signature of that
				  individual shall constitute a representation to the authority that under the
				  provisions of this chapter and the applicable statute, the individual is
				  authorized and qualified to represent that particular person or entity. The
				  authority may at any time require any person transacting business with the
				  authority in a representative capacity to authenticate such authority and
				  qualification to act.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-18 - Disqualification of authority's members

Current through June, 2024
Any party to a hearing up to five days before the
					 proceeding may file an affidavit that one or more of the members has a personal
					 bias or prejudice. Every such affidavit shall state the facts and reasons for
					 the belief that bias or prejudice exists. The member against whom the affidavit
					 is filed may answer the affidavit in which case the remaining members shall
					 decide by a majority of all the members to which the authority is entitled
					 whether that member should be disqualified from the proceeding. If the member
					 chooses to be disqualified, the member shall file with the chairperson a
					 certificate requesting disqualification stating the member's inability to
					 decide said matter with impartiality.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-19 - Filing of papers

Current through June, 2024
(a) All requests,
				  submittals, petitions, reports, maps, exceptions, plans, memoranda, and other
				  papers required to be filed with the authority pursuant to any proceeding shall
				  be filed with the office of the authority at Honolulu, Hawaii, within the time
				  limits prescribed by law, rules, or by order of the authority. The date on
				  which the papers are received by personal service or by mail shall be regarded
				  as the date of filing.
(b) All
				  papers filed with the authority shall be:
(1)
				  Written in black ink, typewritten, mimeographed, or printed;
(2) Plainly legible; and
(3) On strong, durable paper no larger than
				  8-1/2" x 14"
				  in size, except that maps, charts, tables, and other like documents may be
				  larger, folded to the size of the papers to which they are attached.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-20 - Amendment of papers and dismissal

Current through June, 2024
If any paper filed with the authority is not in
					 substantial conformity with the applicable rules of the authority, on its own
					 motion or on motion of any party, the authority may strike such paper or
					 require its amendment. If amended, the paper shall be effective as of the date
					 of the receipt of the amendment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-21 - Retention of papers

Current through June, 2024
All papers filed with the authority shall be retained by
					 the authority in its files. However, the chairperson may permit the withdrawal
					 of original copies of papers upon submission of properly authenticated copies
					 to replace the original papers.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-22 - Authority decision

Current through June, 2024
Copies of published materials shall be available for
					 public inspection in the office of the authority or may be obtained upon
					 request and upon the payment of a reasonable charge, if any.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-23 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency is required to take action
					 within the period prescribed or allowed by this chapter, notice given
					 hereunder, or by an order, the presiding officer may:
(1) With or without notice, extend such
				  period before the expiration of the prescribed period; or
(2) Upon motion, permit the act to be done
				  after the expiration of a specified period where the failure to act is
				  reasonably shown to be excusable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-16-24 - Contested cases

Current through June, 2024
Procedures to be followed in contested cases shall, unless
					 otherwise prescribed by law or in these rules, comply with chapters
					 91 and
					 92, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-16-26 - Initiation of rule making procedure

Current through June, 2024
(a) The adoption,
				  amendment, or repeal of any rule of the authority may be made by the authority
				  on its own motion, or by petition of any interested person or agency. Petitions
				  for rule making filed with the authority shall become matters of public
				  record.
(b) Petitions for rule
				  making shall conform to the requirements of section 15-16-19 and shall contain:
(1) The name, address, and telephone number
				  of each petitioner;
(2) The
				  signature of each petitioner;
(3) A
				  draft or the substance of the proposed rule or amendment or a designation of
				  the provisions the repeal of which is desired;
(4) A statement of the petitioner's interest
				  in the subject matter; and
(5) A
				  statement of the reasons in support of the proposed rule, amendment, or
				  repeal.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-16-27 - Denial of petition

Current through June, 2024
Any petition that fails in any material respect to comply
					 with the requirements of this chapter or fails to disclose sufficient reasons
					 to justify the institution of public rule making proceedings shall not be
					 considered by the authority. The authority shall notify the petitioner in
					 writing of such denial, stating the reasons therefor. Denial of a petition
					 shall not operate to prevent the authority from acting, on its own motion, upon
					 any matter disclosed in the petition. The petitioner may seek judicial review
					 of denial pursuant to section
					 91-14,
					 HRS, and applicable rules of court.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-16-28 - Acceptance of petition

Current through June, 2024
If the authority determines that the petition is in order
					 and that it discloses sufficient reasons in support of the proposed rule making
					 to justify the institution of rule making proceedings, the procedures to be
					 followed shall be as set forth in this chapter and the applicable statutes and
					 laws.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-16-29 - Notice of public hearing

Current through June, 2024
(a) Whenever
				  pursuant to a petition or upon its own motion, the authority proposes to adopt,
				  amend or repeal a rule or plan, a notice of proposed rule making shall be
				  published at least once in a newspaper of general circulation in the state and
				  if such action shall affect a county, publication shall be made at least once
				  in the newspaper which is printed and issued at least twice weekly in that
				  county; and such notice shall also be mailed to all persons or agencies who
				  have made timely written requests for advance notice of the authority's rule
				  making proceedings. All notices shall be published at least twenty days prior
				  to the date set for public hearing.
(b) A notice of the proposed adoption,
				  amendment, or repeal of a rule, or plan shall include:
(1) A statement of the date, time and place
				  where the public hearing will be held;
(2) Reference to the authority under which
				  the adoption, amendment, or repeal of the rule, or plan is proposed;
				  and
(3) A statement of the
				  substance of the proposed rule making.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-16-31 - Authority action

Current through June, 2024
The authority shall consider all relevant comments and
					 material of record before taking final action in a rule making proceeding.
					 Final action shall be taken within a reasonable amount of time
					 following:
(1) The final public
				  hearing; or
(2) The expiration of
				  any extension period for submission of written comments or recommendations,
				  whichever occurs later.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-16-32 - Emergency rule making

Current through June, 2024
If the authority finds that an imminent peril to public
					 health or safety requires the adoption, amendment, or repeal of any rule upon
					 less than twenty days notice, and states in writing its reasons for such
					 finding, it may proceed without prior notice or hearing or upon such
					 abbreviated notice and hearing as it finds practicable to adopt an emergency
					 rule to be effective for a period not longer than one hundred twenty days
					 without renewal.