reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-41 - Recommended decision of hearing officer

Current through June, 2024
(a) Except when the
				individual shall become unavailable to the commission, the recommended decision
				shall be made by the hearing officer who presided at the hearing. All findings,
				conclusions and orders recommended by the hearing officer shall be based upon
				the whole record and supported by the reliable, probative and substantial
				evidence, including facts of which he may take official notice.
(b) The hearing officer shall as soon as
				practical and not later than thirty days after the close of the reception of
				evidence make and file a recommended decision which shall become a part of the
				record and include separate findings of fact and conclusions of law as well as
				reasons or basis therefor upon all the material, issues of fact, law or
				discretion presented on the record. If any party to the proceeding has been
				permitted to file proposed findings of fact, the hearing officer shall
				incorporate in the recommended decision a ruling upon each proposed finding so
				presented.
(c) A copy of the
				hearing officer's recommended decision shall be served upon each party or the
				counsel of record.
(d) Any party
				may within fifteen days after receipt of a copy of the hearing officer's
				recommended decision file with the commission exceptions thereto and shall
				specify the portions of the record and authorities relied on to sustain each
				point. Nine copies of the exceptions and request for review shall be filed with
				the commission and shall thereupon become part of the record. In addition, a
				copy of such exceptions and request for review shall forthwith be served upon
				the hearing officer and upon each of the parties and counsel who were served
				with a copy of the hearing officer's recommended decision.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-42 - Commission decision

Current through June, 2024
(a) Upon filing of
				exceptions by a party adversely affected by the recommended decision, the
				commission shall grant such party an opportunity to present argument and the
				commission shall personally consider the whole record or such portions thereof
				as may be cited by such party.
(b)
				If no exceptions or requests for review are filed within the time specified,
				the recommended decision of the hearing officer shall become final upon
				approval of the commission, unless the commission on its own motion orders
				further proceedings to be held.
(c)
				Where the hearing is held before the commission or where exceptions to the
				recommended decision and a request for review have been filed with the
				commission, the commission will consider the whole record, including, where
				applicable, the recommended decision of the hearing officer and exceptions
				thereto, and will resolve all questions of fact by what it deems to be the
				greater weight of evidence thereon and make a final decision stating the
				reasons or basis therefor and enter an appropriate order.
(d) The commission may entertain a written
				petition to reconsider or re-hear its final order, decision or ruling. The
				petition shall be determined with reasonable expedition so that the aggrieved
				party may have timely opportunity to appeal. Denial of such petition shall be
				in writing with the reasons stated therefor.
(e) Petition to reconsider or re-hear any
				final order, decision or ruling of the commission shall be filed not later than
				ten days after a person is served with a certified copy of the final decision
				and order of the commission.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-43 - Court appeal

Current through June, 2024
Any appeal to court for judicial review of a final decision
				  of the commission must be made within thirty days after a person is served with
				  a certified copy of the final decision and order of the
				  commission.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - PETITION FOR DECLARATORY RULING › Section 10-5-51 - Form and content

Current through June, 2024
On petition of an interested person, the commission may issue
				  a declaratory order as to the applicability of any statutory authority
				  involved, and include a complete statement of the facts and the reasons or
				  grounds prompting the petition, together with full disclosure of petitioner's
				  interest.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - PETITION FOR DECLARATORY RULING › Section 10-5-52 - Additional data, supporting authority

Current through June, 2024
Upon receipt of the petition, the commission may require the
				  petitioner to file additional data or a memorandum of legal authorities in
				  support of the position taken by the petitioner.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - PETITION FOR DECLARATORY RULING › Section 10-5-53 - Dismissal

Current through June, 2024
Without notice or hearing, the commission may dismiss a
				  petition for declaratory ruling which fails in material respect to comply with
				  the requirements of this chapter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - PETITION FOR DECLARATORY RULING › Section 10-5-54 - Hearing request

Current through June, 2024
(a) Although in the
				usual course of disposition of a petition for a declaratory ruling no formal
				hearing will be granted to the petitioner or to a party in interest, the
				commission may order such proceeding set down for hearing. Any petitioner or
				party in interest who desires a hearing on a petition for declaratory ruling,
				shall set forth in detail:
(1) The reasons why
				the matters alleged in the petition, together with supporting affidavits or
				other written evidence and briefs or memoranda of legal authorities, will not
				permit the fair and expeditious disposition of the petition; and
(2) To the extent that such request for
				hearing is dependent upon factual assertion, affidavits establishing such fact
				shall accompany such request.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - PETITION FOR DECLARATORY RULING › Section 10-5-55 - Declaratory motion on commission's own motion

Current through June, 2024
Notwithstanding the other provisions of this chapter, the
				  commission may, on its own motion or upon request but without notice of
				  hearing, issue a declaratory order to terminate a controversy or to remove
				  uncertainty.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 6.1 - NATIVE HAWAIIAN DEVELOPMENT PROGRAM › Section 10-6.1-2 - Native Hawaiian development program structure

Current through June, 2024
(a) The
			 native Hawaiian development program shall have a hierarchical structure of
			 goals, objectives, and action plans. The primary goal of the native Hawaiian
			 development program shall be to increase the self-sufficiency and
			 self-determination of native Hawaiian individuals and native Hawaiian
			 communities. Additional related goals may also be established by the
			 commission. Objectives shall be established delineating a comprehensive
			 strategy for reaching the goals. The department shall develop action plans to
			 achieve the objectives. Each action plan may have several implementing
			 mechanisms such as grants, scholarships, loans, technical assistance, and
			 partnerships.
(b) The goals,
			 objectives, and action plans offered during a given fiscal year shall be
			 detailed in a native Hawaiian development program plan. The native Hawaiian
			 development program plan shall cover two fiscal years and shall be approved by
			 the commission before the beginning of each fiscal biennium. The department
			 shall seek community input and participation in its development of the native
			 Hawaiian development program plan.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 6.1 - NATIVE HAWAIIAN DEVELOPMENT PROGRAM › Section 10-6.1-3 - Native Hawaiian development program plan content

Current through June, 2024
(a)
			 The native Hawaiian development program plan shall specify the goals,
			 objectives, action plans, and implementing mechanisms applicable during the
			 fiscal biennium covered by the plan.
(b) The department may utilize the following
			 resources to establish the goals, objectives, action plans, and implementing
			 mechanisms contained within the native Hawaiian development program plan:
(1) An assessment of the needs of the native
			 Hawaiian community based on a review of social and economic data on native
			 Hawaiians and assessments provided by native Hawaiian community
			 groups;
(2) A written questionnaire
			 survey of Hawaiian agencies, organizations, and community groups to obtain
			 their opinion of the needs of the native Hawaiian community and their
			 recommendations for objectives, programs, and the type of assistance to meet
			 such needs;
(3) An assessment of
			 the feasibility and practicality of offering a given program or type of
			 assistance; and
(4) An assessment
			 of the progress made toward previously established goals, objectives, and
			 programs.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 6.1 - NATIVE HAWAIIAN DEVELOPMENT PROGRAM › Section 10-6.1-5 - Eligibility

Current through June, 2024
(a) Each type of assistance offered may have
			 unique eligibility requirements that shall be specified in the native Hawaiian
			 development program plan. Common to all types of assistance shall be the
			 minimum requirement that the beneficiaries of the assistance must be native
			 Hawaiian.
(b) Additional basic
			 eligibility requirements for specific types of assistance are:
(1) Grants shall only be awarded to public
			 agencies and non-profit organizations recognized as tax-exempt by the U.S.
			 Internal Revenue Service. Organizations who are recognized by the State as
			 non-profit but whose operations do not require recognition from the U.S.
			 Internal Revenue Service may also be eligible to receive a grant; and
(2) Technical assistance and partnerships
			 shall be available to any type of organization or public agency provided that
			 the purpose of the assistance is to benefit native Hawaiians.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 6.1 - NATIVE HAWAIIAN DEVELOPMENT PROGRAM › Section 10-6.1-7 - Reporting

Current through June, 2024
(a) The department shall submit a report on
			 the native Hawaiian development program to the commission. The report shall
			 cover the activities of the previous fiscal year, and include:
(1) A description of the plans of action
			 implemented;
(2) A summary of
			 specific projects, organizations, and individuals assisted;
(3) An assessment of the native Hawaiian
			 development program;
(4)
			 Recommendations for improvement or modification to the goals, objectives,
			 action plans, implementing mechanisms, or operational procedures; and
(5) A summary of the assistance provided by
			 type of assistance.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 1 - GENERAL PROVISIONS › Section 10-7-2 - Applicability of chapter

Current through June, 2024
(a) This chapter
				shall apply to all planned community and multi-family complex developments on
				Hawaiian home lands that are designated as residential use in the relevant
				island plan and for which the declaration is recorded after the effective date
				of this chapter.
(b) This chapter
				may apply to an association for which the declaration was recorded before the
				effective date of this chapter if adopted by a majority vote of the
				association.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 1 - GENERAL PROVISIONS › Section 10-7-3 - Method of disposition

Current through June, 2024
(a) The department
				may award residential leases under the authority of this chapter.
(b) Any combination, or all of the
				department, the developer, and the property management company may enter into
				contracts of sale or rental agreements with native Hawaiians as verified by the
				department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 1 - GENERAL PROVISIONS › Section 10-7-4 - Native Hawaiian cultural values

Current through June, 2024
(a) The governing
				documents shall take in to account and embody native Hawaiian cultural values
				as appropriate for the location, development, and lessees.
(b) General parameters and guidelines shall
				be developed by the department through beneficiary consultation. The finalized
				document shall be approved by the commission and included in the
				declaration.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 1 - GENERAL PROVISIONS › Section 10-7-5 - Interpretation

Current through June, 2024
This chapter and any governing documents subject hereto
				  shall be implemented and interpreted within the spirit of the act, including to
				  promote native Hawaiian values and sense of place in the best interest of the
				  lessees, renters, and residents living in planned communities, multi-family
				  complexes, or rental housing developments on Hawaiian home lands.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 2 - THE DECLARATION › Section 10-7-10 - Establishment of the declaration

Current through June, 2024
(a) The declarant
				shall cause the declaration to be drafted according to the following:
(1) The declaration shall be in conformity
				with all relevant Hawaii law; and
(2) The declaration shall include the
				document developed under subsection 10-7-4(b) and accordingly take in to
				account and embody native Hawaiian cultural values as appropriate for the
				location and development.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 2 - THE DECLARATION › Section 10-7-11 - Supplemental provisions of the declaration

Current through June, 2024
The declarant is authorized to adopt supplemental provisions
				  in accordance with this chapter to implement and carry out the purposes of this
				  chapter; provided that any of the supplemental provisions adopted shall not
				  conflict with the act and this title.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 3 - THE ASSOCIATION › Section 10-7-16 - Establishment of the association

Current through June, 2024
The declarant shall establish the association not later than
				  the date upon which the first unit in the planned community or a multi-family
				  complex is ready for occupancy.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 3 - THE ASSOCIATION › Section 10-7-17 - Period of declarant control

Current through June, 2024
(a) As appropriate
				for the development and when provided in the declaration, the declarant may
				maintain a class B membership in the association for a fixed period while units
				are being awarded and first occupied. This period shall be known as the period
				of declarant control and shall terminate not later than the time at which all
				units or lots have been transferred to lessees.
(b) During the period of declarant control,
				the declarant may appoint and remove the members of the board.
(c) Not later than four months before the
				termination of any period of declarant control, the members shall elect a board
				of directors as provided in the governing documents. The declarant and the
				department shall coordinate with the newly member-elected board to transition
				from declarant control in a transparent manner that ensures the member-elected
				board is equipped and prepared to govern the association.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 3 - THE ASSOCIATION › Section 10-7-18 - Membership

Current through June, 2024
The association may be made up of lessees and the declarant,
				  and divided in to two membership classes.
(1) Lessees shall maintain a class A
				membership.
(2) The declarant may
				maintain a class B membership for a fixed period. Class B membership shall
				terminate and may convert to a class A membership not later than the time at
				which the period of declarant control terminates.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 3 - THE ASSOCIATION › Section 10-7-19 - Voting

Current through June, 2024
Class A membership and class B membership shall have voting
				  powers as set by the declarant in the declaration, provided each class A member
				  shall have one vote and, during the period of declarant control, class B
				  membership shall have a greater number of votes per lot or unit than class A
				  membership.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 3 - THE ASSOCIATION › Section 10-7-20 - Vacant lots

Current through June, 2024
(a) Assessments rates shall be set after the
				lots have been designed and plotted, number of lots in the development are
				finalized, and preliminary budget determined. Lots intended to be vacant due to
				engineering constraints or health and safety concerns shall not be included in
				calculating the pro-rata assessment amounts. If a lot becomes unsuitable for a
				residence, assessments shall be recalculated to exclude the unsuitable
				lot.
(b) Assessments due on vacant
				lots that are awarded as owner-builder or self-help are the responsibility of
				the lessee upon the signing of the lease.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 3 - THE ASSOCIATION › Section 10-7-21 - Unoccupied units

Current through June, 2024
(a) The department shall use all due
				diligence to fill developed units that become unoccupied. The department shall
				not be responsible for assessments due on those units unless the assessments
				lost due to the number of empty units threatens the viability of the
				association.
(b) An association
				with unoccupied units shall report annually to the department regarding income
				and projected economic viability. If economic viability is threatened, the
				association may request payment of future assessments from the department until
				the empty units are filled. Such request is subject to approval by the
				commission. If approved, amounts due shall accrue from the date of receipt by
				the department, as indicated on the date and time stamp, of the request from
				the association.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 3 - THE ASSOCIATION › Section 10-7-22 - Budget

Current through June, 2024
Each association shall adopt a budget and rate schedule,
				  according to the governing documents, and submit the budget and rate schedule
				  to the department between June 1 and June 30 of each year.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 4 - OBLIGATIONS OF THE LESSEE › Section 10-7-26 - Planned community education

Current through June, 2024
(a) To facilitate
				informed decision-making by residential applicants, before award letters are
				mailed, the department shall notify the appropriate applicant field of a
				mandatory planned community orientation. This orientation shall provide an
				overview of rights, responsibilities, obligations, and benefits of planned
				community living, as well as, possible consequences for non-compliance. If
				there is an existing association, that association shall participate in the
				orientation.
(b) Prior to signing a
				lease, the future lessee of a new planned community shall attend a planned
				community education training program approved by the department, which shall
				include training specific to the development regarding member and association
				obligations and rights, and community planning and governance.
(c) The association shall develop and conduct
				an orientation for lessees, transferees, and successors moving into an existing
				planned community. The department shall notify the association of lease
				transfers and successorships to facilitate the orientation process conducted by
				the association.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 4 - OBLIGATIONS OF THE LESSEE › Section 10-7-27 - Association membership

Current through June, 2024
(a) Upon signing the
				lease, the lessee shall become a member of the association. By signing the
				lease, lessee also agrees to abide by the governing documents.
(b) Lessees shall ensure that members of
				their family who reside with the lessee, and guests and invitees of such
				lessee, observe and perform the provisions regarding use and occupancy set
				forth in the governing documents.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 4 - OBLIGATIONS OF THE LESSEE › Section 10-7-29 - Alteration of the unit prohibited

Current through June, 2024
The lessee shall not construct or alter any improvements on
				  the property except in accordance with the governing documents and with written
				  approval of the department under section
				  10-3-34.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 5 - ENFORCEMENT OF GOVERNING DOCUMENTS › Section 10-7-35 - Compliance required

Current through June, 2024
The association, all lessees, and other persons lawfully in
				  possession and control of any property interest shall comply with the bylaws,
				  any rules lawfully adopted by the association, and any covenant, condition, and
				  restriction set forth in any recorded document to which they are
				  subject.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 5 - ENFORCEMENT OF GOVERNING DOCUMENTS › Section 10-7-36 - Enforcement

Current through June, 2024
(a) The declaration shall include a formal
				process for the association to enforce the governing documents, including
				collection of delinquent assessments and any lease violations.
(b) The association shall adopt a collection
				policy with formal procedures whereby the lessee shall have the opportunity to
				settle amounts owed the association, including but not limited to delinquent
				assessments, penalties, late fees, and associated costs, before private legal
				action to collect the debt is taken under the authority of the association and
				section 10-7-37.
(c) If collection
				of the debt is unsuccessful through private legal action under the authority of
				the association and section 10-7-37, the association may petition the
				commission for a contested case hearing for lease cancellation pursuant to this
				title. The decision and order of a contested case hearing may direct the
				department to assume the outstanding debt on the unit, including but not
				limited to delinquent assessments, penalties, late fees, and associated
				costs.
(d) The association shall
				adopt formal procedures for the enforcement of lease violations other than
				delinquent assessments whereby the lessee shall have at least 90 days to cure
				the violation. If the lessee fails to cure the violation within the time
				provided, the association may petition the commission for a contested case
				hearing for lease calcellation pursuant to this title.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 5 - ENFORCEMENT OF GOVERNING DOCUMENTS › Section 10-7-37 - Civil action

Current through June, 2024
Any violation is grounds for the association, any lessee, or
				  lawful interest holder to commence a civil action for damages, injunctive
				  relief, or both, and an award of court costs and reasonable attorney's fees in
				  both types of action. The department shall not be party to any civil suit
				  related to the violation of or noncompliance with the bylaws, any rules
				  lawfully adopted by the association, or any covenant, condition, and
				  restriction set forth in any recorded document.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 6 - RENTAL HOUSING › Section 10-7-41 - Rental housing offers

Current through June, 2024
(a) If rental
				housing is available, the department and the property management company shall
				coordinate to offer the rental housing to native Hawaiians. Project-specific
				parameters shall be provided to the applicant pool as soon as practicable.
(1) The department shall notify residential
				applicants on the respective area or island wide waiting lists of the rental
				housing opportunity.
(2) The
				department shall provide the property management company with the list of
				native Hawaiians, who replied to the notice in paragraph (1), in rank order
				according to the_ appropriate waiting list.
(3) The property management company shall
				identify qualified potential renters from the list based upon the rental
				program parameters and notify the department.
(4) The department shall verify the
				application status of those native Hawaiians identified by the property
				management company as qualified for the rental program. Upon verification, the
				department or the property management company, or both, shall make the rental
				housing offers.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 6 - RENTAL HOUSING › Section 10-7-42 - Kupuna housing

Current through June, 2024
(a) A native
				Hawaiian, fifty-five years or older may be eligible for kupuna housing. If
				kupuna housing is available, the department shall notify native Hawaiians that
				would meet the age requirement for the kupuna housing development. The
				department and the property management company shall then proceed under section
				10-7-41, as applicable.
(b) If a
				lessee accepts a kupuna housing offer, the lessee shall immediately occupy the
				kupuna housing unit and, within six months, either transfer or surrender his or
				her lease. Upon accepting a kupuna housing offer, the lessee becomes a renter
				and a previous lessee under section
				10-3-23.
(c) If the list compiled under subsection (a)
				has been exhausted and units are still available, the property management
				company may accept as renters native Hawaiians that are not applicants on a
				waitlist, lessees, or previous lessees if the potential renter is:
(1) Verified by the department as eligible
				for Hawaiian home lands under the act; and
(2) Qualified for the kupuna housing
				development by the property management company.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 6 - RENTAL HOUSING › Section 10-7-43 - Rental agreement controlling

Current through June, 2024
The department shall review the property management company's
				  final rental agreement. The rental agreement shall control the rights,
				  responsibilities, and obligations, including eviction, between the renter and
				  the property management company. The rental agreement shall comply with the
				  Hawaii landlord and tenant code, chapter
				  521, HRS, and the Fair Housing Act in
				  sofar as they do not conflict with the act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 6 - RENTAL HOUSING › Section 10-7-44 - Successorship

Current through June, 2024
(a) If the renter is an applicant on a
				waitlist, a successor under section
				10-3-8
				may succeed to the rental agreement; provided the successor meets the rental
				program requirements that apply to the specific unit. If the successor does not
				meet the rental program requirements or refuses the unit, the successor shall
				succeed to the application as provided in section
				10-3-8.
(b) For kupuna housing, a spouse eligible to
				succeed under section 209 of the act and qualified for the kupuna housing unit
				may succeed to the kupuna housing rental agreement.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 6 - RENTAL HOUSING › Section 10-7-45 - Vacant units

Current through June, 2024
To ensure units do not become vacant for unnecessarily long
				  periods of time, the property management company shall request from the
				  department, as appropriate, names of additional potential renters. Upon such
				  request, the department and the property management company shall proceed under
				  section 10-7-41. If parameters of the previous offering have not changed, the
				  department shall provide notice to the list of applicants in rank order from
				  the application date of the last applicant previously contacted for the rental
				  housing development.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 7 - Planned Communities, Multi-Family Complexes, and Rental Housing › Subchapter 6 - RENTAL HOUSING › Section 10-7-46 - Conversion to lessee

Current through June, 2024
A renter who is an applicant on a waitlist shall remain an
				  applicant during the rental period. The renter's application and rank on any
				  waiting list shall be maintained without regard to his or her status as a
				  renter. The renter shall become a lessee upon signing a lease.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-1 - Statement of scope and purpose

Current through June, 2024
(a) This chapter
				  governs the practice and procedure before the department of health, State of
				  Hawaii, provided that an attached entity may adopt and shall be governed by its
				  own specific rules of practice and procedure if it has rulemaking authority,
				  and provided that the director may adopt more specific rules of practice and
				  procedure for any specific program, and those more specific rules shall govern
				  the practice and procedure in proceedings for that program. Where such specific
				  rules fail to cover particular practices and procedures, then these rules shall
				  apply.
(b) These rules shall be
				  construed to secure the just, speedy, and inexpensive determination of every
				  proceeding authorized by law to be brought before the department or any
				  attached entity. Whenever this chapter or the specific rules of any program or
				  attached entity are silent on a matter, the director or hearings officer may
				  refer to the Hawaii Rules of Civil procedure for guidance.
(c) To the extent necessary, these rules
				  shall be interpreted to preserve the authority of the department and State to
				  administer programs under federal law for which the department has primary
				  enforcement authority, authority to administer a program, or is delegated
				  administration of a federally created program, provided that the department or
				  State meets minimum federal requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-2 - Seal of the department of health

Current through June, 2024
(a) The official
				  seal of the department of health shall be circular in shape, two and one-fourth
				  inches in diameter. At the curve on the top portion there shall be the words
				  "DEPARTMENT OF HEALTH" and at the curve on the bottom portion there shall be
				  the words "STATE OF HAWAII." At the curve on each side portion shall be a star.
				  In the center of the seal shall be the Caduceus, a winged rod entwined with two
				  serpents, which has long been recognized as a universal symbol of medicine. The
				  Caduceus shall be encircled by an indentation, which shall separate it from the
				  words "DEPARTMENT OF HEALTH" and "STATE OF HAWAII." For illustrative purposes,
				  a black and white drawing of the official seal is attached at the end of this
				  section as Exhibit "A," titled "Seal of the Department of Health," and dated
				  November 1, 1988, and made a part of this section.
(b) The official seal of the department of
				  health shall be embossed near the signature of the director of health to verify
				  commissions of appointment of deputy directors and notaries public,
				  certificates, and other formal official documents on which the official seal
				  has been customarily used or is appropriate to be used, as the director of
				  health may determine on a case-by-case basis.
(c) The seal of the department of health may
				  also be reproduced, in either an enlarged or a reduced size, on official
				  stationery, reports, certificates, equipment, supplies, uniform insignia, and
				  other objects and items to be used or produced by the department of health, but
				  the reproduction and use of the seal shall always be subject to the exclusive
				  control of the director of health.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-3 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly
					 requires otherwise:
"Agency" means a state or county board, office,
					 commission, department, or officer authorized by law to make rules or to
					 adjudicate contested cases, except those in the legislative or judicial
					 branches.
"Attached entity" means an administrative office, agency,
					 board, or commission placed or established within or administratively attached
					 to the department.
"Complainant" means the person or entity upon whose
					 complaint action by the department is instituted.
"Complaint" refers to a notice of violation, finding of
					 violation, order or such other document by which the department, a person, or
					 agency starts action against any person or entity.
"Contested case" means a proceeding in which the legal
					 rights, duties, or privileges of specific parties are required by law to be
					 determined after opportunity for a hearing.
"Day" means calendar day unless otherwise
					 specified.
"Declaratory order" means a determination by the director
					 as to the applicability of any rule or order of the department or of a statute,
					 which the department is required to administer or enforce.
"Department" means the department of health, State of
					 Hawaii, including attached entities.
"Director" means the director of health.
"Final decision maker" means the individual or entity with
					 the authority to render and issue a final decision and order, and final
					 findings of fact and conclusions of law in a contested case.
"Hearings officer" means the individual or entity
					 designated to conduct hearings by the director.
"Party" means each person or agency named or admitted as a
					 party, or properly seeking and entitled as of right to be admitted as party, in
					 an agency proceeding.
"Persons" includes individuals, partnerships,
					 corporations, associations, or public or private organizations of any character
					 other than agencies.
"Petition" refers to a document used to request a
					 declaratory ruling or rulemaking.
"Petitioner" means a person or agency making or on whose
					 behalf a petition is made for a declaratory ruling as to the applicability of
					 any statutory provision or of any department rule or order, or for rulemaking,
					 including the adoption, amendment, or repeal of any department rule.
"Respondent" means the party in a contested case against
					 whom the complaint is filed, any party against whom relief is being sought, or
					 any party who contests or controverts a proceeding initiated by another
					 party.
"Rulemaking" means any formal action for the adoption,
					 amendment, or repeal of any rule of the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-4 - The department; office; hours; filings; communications

Current through June, 2024
(a)
				  Office. The principal office of the department is in Honolulu,
				  Hawaii.
(b) Office hours. The
				  offices of the department shall be open from 7:45 a.m. to 4:30 p.m., Monday
				  through Friday, except on state holidays, unless otherwise provided by statute
				  or executive order.
(c) Filing of
				  documents. All documents and written communications required by this chapter or
				  other law to be filed with the department shall be mailed to:
Director of Health,
Department of Health,
State of Hawaii,
P. O. Box 3378,
Honolulu, Hawaii 96801,
or by hand delivery to:
Director of Health,
Department of Health,
State of Hawaii,
1250 Punchbowl Street, Third Floor,
Honolulu, Hawaii 96813,
unless otherwise specified by the department.
(d) Filing shall meet the time
				  limits prescribed by statute, rule, or order of the director or the department,
				  unless otherwise specified by the department. The date when the department
				  actually receives a document is the date of filing.
(e) The department may authorize facsimile
				  filing for specific purposes and specify the means and filing date. If
				  authorized and if the means and filing date are not otherwise specified,
				  facsimile filing:
(1) Is effective if:
(i) The entire document, including any
				  attachment or exhibit, is transmitted to and received at the proper facsimile
				  phone number without error, and
(ii) The entire document includes a cover
				  sheet which states the specific individual, branch, or division to whom the
				  transmission is addressed, the individual who sent it, the number of pages of
				  the document, and any applicable docket number; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-5 - Public records

Current through June, 2024
Records of the department shall be available for
					 inspection during established business hours, pursuant to chapter 92F, HRS,
					 rules adopted under that chapter, and any other applicable
					 laws.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-6 - Public notices for variances or permits

Current through June, 2024
(a) For variances
				  or permits for which costs and public notice procedures are not already
				  provided for in title 11, HAR, or statutes, the department may require an
				  applicant for a permit, variance, or similar action to pay all costs related to
				  the processing of the application. Costs may include processing fees, hearing
				  costs, and costs related to publishing the required public notices.
(b) When a public notice in a newspaper is
				  required, and the director has determined that the applicant shall pay all
				  costs related to publishing the notice, the applicant shall make payment
				  directly to the newspaper publishing the notice.
(c) The public notice shall appear in a
				  newspaper of statewide general circulation or a newspaper of county general
				  circulation published in the county in which the project or activity is
				  proposed, at the department's direction.
(d) In addition to newspaper publication, the
				  public notice may be published electronically. The department may require an
				  applicant to submit an electronic version of the public notice in a format
				  suitable for the department to publish in an electronic manner.
(e) The public notice shall include at least
				  the following:
(1) The name, address, and
				  phone number of the agency issuing the public notice;
(2) The name and address of the
				  applicant;
(3) A brief description
				  of the applicant's project or activity and its location(s);
(4) A brief description of the procedures for
				  the formulation of final determinations, including the specified comment period
				  and other means by which interested persons may comment upon those
				  determinations; and
(5) The address
				  and phone number of the state agency premises where interested persons may
				  obtain further information and may inspect a copy of the application and
				  related materials.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-7 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by
					 these rules or by order of the department, the day from which the period runs
					 is excluded and the last day is included.
The period shall be extended, if necessary, to ensure that
					 the last day falls on a normal State workday.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-8 - Extension of time

Current through June, 2024
Whenever a person or agency has a right or is required to
					 take action within the period prescribed or allowed by these rules, by notice
					 given under the rules, or by an order, the department, or hearings officer in a
					 contested case, may:
(1) Before the
				  expiration of the prescribed period, with or without notice, extend such
				  period; or
(2) Upon motion, permit
				  the act to be done after the expiration of a specified period when the failure
				  to act is reasonably shown to be excusable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-9 - Severability

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstance is held invalid, the invalidity does not
					 affect other provisions or applications of this chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 11-1-10 - Videoconferences

Current through June, 2024
(a) The department may conduct meetings and
				  hearings by videoconference.
(b)
				  Public meetings held by videoconference by attached entities are subject to
				  section
				  92-3.5,
				  HRS.
(c) Before the videoconference
				  of a contested case hearing, the hearings officer shall arrange a procedure for
				  the videoconference, including the exchange and presentation of
				  exhibits.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-21 - General

Current through June, 2024
(a) Procedures to be followed by the
				  department shall, unless specifically prescribed in this chapter or by chapter
				  91, HRS, or other statutory provisions, be such as in the opinion of the
				  department will best serve the purposes of such hearings. Cases shall be
				  conducted fairly and impartially.
(b) Any procedure in a contested case may be
				  agreed to, modified, or waived by stipulation of the parties, and informal
				  disposition may be made of all or part of any contested case by stipulation,
				  settlement, consent order, or default.
(c) The department may voluntarily withdraw
				  or dismiss a case it brings, and any other party may voluntarily withdraw or
				  dismiss a case upon order of the department and upon such terms and conditions
				  that the department deems proper.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-22 - Hearings; scheduling; requests and complaints; notice

Current through June, 2024
(a)
				  The department may schedule a contested case hearing on its own initiative or
				  may schedule one when required by law based upon a complaint.
(b) A complaint may set or request a hearing
				  and shall contain concise statements of:
(1)
				  The legal authority under which the proceeding, hearing, or action is to be
				  held or made;
(2) The disagreement,
				  denial, grievance, or other matter that is being contested by the
				  complainant;
(3) The facts and
				  issues raised; and
(4) The relief
				  requested.
The department may prepare and require the use of forms
					 that may be substituted for any complaint.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-23 - Docket

Current through June, 2024
The department shall maintain a docket of all contested
					 cases, and each case shall be assigned a number.