reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-11 - Executive meetings

Current through June, 2024
(a) The commission
				  may hold an executive meeting from which the public may be excluded, for those
				  purposes permitted by section
				  92-4, HRS, but
				  only if there is an affirmative vote of two-thirds of the members present at
				  the meeting; provided the affirmative vote constitutes a majority of the
				  members to which the commission is entitled. The reason for holding the
				  executive meeting shall be publicly announced and the vote of the members shall
				  be recorded and entered into the minutes of the meeting.
(b) The commission shall not make a decision
				  or deliberate toward a decision in an executive meeting on matters not directly
				  related to the purposes specified in section
				  92-5(a),
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-13 - Quorum and number of votes necessary for a decision

Current through June, 2024
(a)
				  Unless otherwise provided by law, a majority of all the members to which the
				  commission is entitled shall constitute a quorum to do business, and the
				  concurrence of a majority of all the members to which the commission is
				  entitled shall be necessary to make a commission decision valid; provided all
				  approvals of petitions for boundary amendments under section
				  205-4,
				  HRS, shall require six affirmative votes and approvals for special permits
				  under section
				  205-6, HRS, shall
				  require five affirmative votes.
(b)
				  If the commission's action to approve a petition for boundary amendment under
				  section
				  205-4,
				  HRS, fails to obtain six affirmative votes, findings of fact, conclusions of
				  law, and decision and order denying the petition shall be filed by the
				  commission.
(c) If the commission's
				  action to approve a petition for a special permit under section
				  205-6, HRS, fails
				  to obtain five affirmative votes, findings of fact, conclusions of law, and a
				  decision and order denying the petition shall be filed by the
				  commission.
(d) In contested cases,
				  commission members who have not heard and examined all of the evidence may vote
				  only after the procedures set forth in section
				  91-11,
				  HRS, have been complied with.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-14 - Removal of persons from meetings

Current through June, 2024
The presiding officer or executive officer may remove any
					 person who willfully disrupts a meeting or hearing or other proceeding before
					 the commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-15 - Minutes of meetings

Current through June, 2024
(a) The commission
				  shall keep written minutes of all meetings. Unless otherwise required by law,
				  neither a full transcript nor a recording of the meeting is required, but the
				  written minutes shall give a true reflection of the matters discussed at the
				  meeting and the views of the participants. The minutes shall include, but need
				  not be limited to:
(1) The date, time, and
				  place of the meeting;
(2) The
				  members of the commission recorded as either present or absent;
(3) The substance of all matters proposed,
				  discussed, or decided, and a record, by individual member, of any votes taken;
				  and
(4) Any other information that
				  any member of the commission requests be included or reflected in the
				  minutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-16 - Computation of time

Current through June, 2024
In computing any period of time prescribed by this chapter,
					 by notice, or by any order, or rule of the commission, or any applicable
					 statute, the time begins with the day following the act, event, or default and
					 includes the last day of the period unless it is a Saturday, Sunday, or legal
					 holiday, or a day or a part of a day on or for which the governor has granted
					 administrative leave in the State, in which event the period runs until the end
					 of the next day which is not a Saturday, Sunday, or legal holiday. Unless
					 otherwise specified in these rules, when the prescribed period of time is less
					 than seven days, Saturdays, Sundays, or legal holidays within the designated
					 period shall not be included in the computation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 2 - ESTABLISHMENT OF STATE LAND USE DISTRICTS › Section 15-15-17 - Districts; district maps

Current through June, 2024
(a) In order to
				  effectuate the purposes of chapter
				  205, HRS, all the lands in the State
				  shall be divided and placed into one of the four land use districts:
(1) "U" urban district;
(2) "A" agricultural district;
(3) "C" conservation district; or
(4) "R" rural district.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 2 - ESTABLISHMENT OF STATE LAND USE DISTRICTS › Section 15-15-18 - Standards for determining "U" urban district boundaries

Current through June, 2024
Except as otherwise provided in this chapter, in
					 determining the boundaries for the "U" urban district, the following standards
					 shall be used:
(1) It shall include
				  lands characterized by "city-like" concentrations of people, structures,
				  streets, urban level of services and other related land uses;
(2) It shall take into consideration the
				  following specific factors:
(A) Proximity to
				  centers of trading and employment except where the development would generate
				  new centers of trading and employment;
(B) Availability of basic services such as
				  schools, parks, wastewater systems, solid waste disposal, drainage, water,
				  transportation systems, public utilities, and police and fire protection;
				  and
(C) Sufficient reserve areas
				  for foreseeable urban growth;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 2 - ESTABLISHMENT OF STATE LAND USE DISTRICTS › Section 15-15-19 - Standards for determining "A" agricultural district boundaries

Current through June, 2024
Except as otherwise provided in this chapter, in
					 determining the boundaries for the "A" agricultural district, the following
					 standards shall apply:
(1) It shall
				  include lands with a high capacity for agricultural production;
(2) It may include lands with significant
				  potential for grazing or for other agricultural uses;
(3) It may include lands surrounded by or
				  contiguous to agricultural lands or which are not suited to agricultural and
				  ancillary activities by reason of topography, soils, and other related
				  characteristics; and
(4) It shall
				  include all lands designated important agricultural lands pursuant to part III
				  of chapter
				  205, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 2 - ESTABLISHMENT OF STATE LAND USE DISTRICTS › Section 15-15-20 - Standards for determining "C" conservation district boundaries

Current through June, 2024
Except as otherwise provided in this chapter, in
					 determining the boundaries for the "C" conservation district, the following
					 standards shall apply:
(1) It shall
				  include lands necessary for protecting watersheds, water resources, and water
				  supplies;
(2) It may include lands
				  susceptible to floods and soil erosion, lands undergoing major erosion damage
				  and requiring corrective attention by the state and federal government, and
				  lands necessary for the protection of the health and welfare of the public by
				  reason of the land's susceptibility to inundation by tsunami and flooding, to
				  volcanic activity, and landslides;
(3) It may include lands used for national or
				  state parks;
(4) It shall include
				  lands necessary for the conservation, preservation, and enhancement of scenic,
				  cultural, historic, or archaeologic sites and sites of unique physiographic or
				  ecologic significance;
(5) It shall
				  include lands necessary for providing and preserving parklands, wilderness and
				  beach reserves, for conserving natural ecosystems of indigenous or endemic
				  plants, fish, and wildlife, including those which are threatened or endangered,
				  and for forestry and other related activities to these uses;
(6) It shall include lands having an
				  elevation below the shoreline as stated by section
				  205A-1, HRS, marine
				  waters, fish ponds, and tidepools of the State, and accreted portions of lands
				  pursuant to sections
				  501-33 and
				  669-1, HRS,
				  unless otherwise designated on the land use district maps. All offshore and
				  outlying islands of the State are classified conservation unless otherwise
				  designated on the land use district maps;
(7) It shall include lands with topography,
				  soils, climate, or other related environmental factors that may not be normally
				  adaptable or presently needed for urban, rural, or agricultural use, except
				  when those lands constitute areas not contiguous to the conservation
				  district;
(8) It may include lands
				  with a general slope of twenty per cent or more which provide for open space
				  amenities or scenic values; and
(9)
				  It may include lands suitable for farming, flower gardening, operation of
				  nurseries or orchards, growing of commercial timber, grazing, hunting, and
				  recreational uses including facilities accessory to those uses when the
				  facilities are compatible with the natural physical environment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 2 - ESTABLISHMENT OF STATE LAND USE DISTRICTS › Section 15-15-21 - Standards for determining "R" rural district boundaries

Current through June, 2024
Except as otherwise provided in this chapter, in
					 determining the boundaries for the "R" rural district, the following standards
					 shall apply:
(1) Areas consisting of
				  small farms; provided that the areas need not be included in this district if
				  their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by
				  low-density residential lots of not less than one-half acre and a density of
				  not more than one single family dwelling per one-half acre in areas where
				  "city-like" concentrations of people, structures, streets, and urban levels of
				  services are absent, and where small farms are intermixed with the low-density
				  residential lots; and
(3) It may
				  also include parcels of land which are surrounded by, or contiguous to this
				  district, and are not suited to low-density residential uses for small farm or
				  agricultural uses.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 2 - ESTABLISHMENT OF STATE LAND USE DISTRICTS › Section 15-15-22 - Interpretation of district boundaries

Current through June, 2024
(a) Except as
				  otherwise provided in this chapter:
(1) A
				  district name or letter appearing on the land use district map applies
				  throughout the whole area bounded by the district boundary lines;
(2) Land having an elevation below the
				  shoreline as stated by section
				  205A-1, HRS, marine
				  waters, fish ponds, and tidepools of the State, and accreted portions of lands
				  pursuant to sections
				  501-33 and
				  669-1, HRS,
				  unless otherwise designated on the land use district maps, shall be included in
				  the conservation district;
(3) All
				  offshore and outlying islands of the State are classified conservation unless
				  otherwise designated on the land use district maps; and
(4) All water areas within the State are
				  considered to be within a district and controlled by the applicable district
				  rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 3 - PERMISSIBLE LAND USES › Section 15-15-23 - Permissible uses; generally

Current through June, 2024
Except as otherwise provided in this chapter, the following
					 land and building uses are compatible and permitted within the following land
					 use districts, except when applicable county ordinances or regulations are more
					 restrictive. Except as otherwise provided in this chapter, uses not expressly
					 permitted are prohibited.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 3 - PERMISSIBLE LAND USES › Section 15-15-24 - Permissible uses within the "U" urban district

Current through June, 2024
Any and all uses permitted by the counties, either by
					 ordinances or rules may be allowed within this district, subject to any
					 conditions imposed by the commission pursuant to section
					 205-4(g),
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 3 - PERMISSIBLE LAND USES › Section 15-15-25 - Permissible uses within the "A" agricultural district

Current through June, 2024
(a)
				  Permissible uses within the agricultural district on land with soil classified
				  by the land study bureau's detailed land classification as overall (master)
				  productivity rating class A or B shall be those uses set forth in section
				  205-4.5,
				  HRS.
(b) Permissible uses within
				  the agricultural district on land with soil classified by the land study
				  bureau's detailed land classification as overall (master) productivity rating
				  class of C, D, E, and U shall be those uses as set forth in sections
				  205-2,
				  205-4.5,
				  and
				  205-5, HRS, and also uses
				  compatible to the activities described in
				  205-2(d),
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 3 - PERMISSIBLE LAND USES › Section 15-15-26 - Permissible uses within the "C" conservation district

Current through June, 2024
Uses of land within a conservation district shall be
					 governed by the rules of the state department of land and natural resources,
					 title 13, and chapter
					 183C, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 3 - PERMISSIBLE LAND USES › Section 15-15-27 - Permissible uses within the "R" rural district

Current through June, 2024
(a)
				  Permissible uses within the rural district shall include the following
				  activities:
(1) All agricultural related
				  activities and uses permitted under section 15-15-25;
(2) Low-density residential lots of not more
				  than one dwelling house per one-half acre, except as provided by county
				  ordinance pursuant to section
				  46-4(c),
				  HRS;
(3) Golf courses and golf
				  driving ranges and golf-related facilities;
(4) Public, quasi-public and public utility
				  facilities; and
(5) The commission
				  for good cause may allow one lot of less than one-half acre, but not less than
				  18,500 square feet, or an equivalent residential density, provided all other
				  lots in the subdivision have the minimum lot size of one-half acre. A petition
				  for variance may be processed under the special permit procedure pursuant to
				  subchapter
				  12. This exception shall apply to lots
				  of record existing prior to January 1, 1977, and of not more than two acres.
				  There shall be no more than one single-family dwelling per one-half acre,
				  except as may be provided for in this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 4 - NONCONFORMANCE › Section 15-15-28 - Statement of intent

Current through June, 2024
This subchapter is intended to expedite the eventual
					 elimination of existing uses or structures that are not in conformity with the
					 provisions of subchapter
					 3 because their continued existence
					 violates basic concepts of health, safety, and welfare as well as principles of
					 good land use. However, in applying subchapter
					 3, no elimination of nonconforming uses
					 or structures shall be effected so as to cause unreasonable interference with
					 established property rights.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 4 - NONCONFORMANCE › Section 15-15-29 - Nonconforming uses

Current through June, 2024
(a) Any lawful use of lands or buildings
				  existing prior to the establishment of a land use district, may be continued
				  even though those uses do not conform to the provisions thereof.
(b) Except as otherwise provided, the
				  following provisions shall, apply to nonconforming uses or structures within
				  any district:
(1) It shall not be changed to
				  another nonconforming use or structure;
(2) It shall not be expanded or increased in
				  intensity of use; and
(3) It shall
				  not be reestablished after discontinuance and abandonment for a continuous
				  period of one year.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 4 - NONCONFORMANCE › Section 15-15-30 - Nonconforming areas and parcels

Current through June, 2024
A lot of record or any proposed subdivision of land which
					 is not in conformity with this subchapter, but which has received approval by
					 the county having jurisdiction prior to the establishment of the land use
					 district, shall be permitted as a nonconforming area subject to the ordinances
					 and rules of the county. All lots within the nonconforming area shall be
					 considered nonconforming parcels.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 4 - NONCONFORMANCE › Section 15-15-31 - Casual or illegal use of land

Current through June, 2024
A casual, intermittent, temporary, or illegal use of lands
					 or buildings shall not be sufficient to establish the existence of a
					 nonconforming use.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 4 - NONCONFORMANCE › Section 15-15-32 - Existence of nonconforming use is a question of fact

Current through June, 2024
Whether a nonconforming use exists shall be a question of
					 fact and shall be decided by the board, commission, or agency having
					 jurisdiction over uses within the district.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 4 - NONCONFORMANCE › Section 15-15-33 - Illegal uses

Current through June, 2024
An illegal use of lands or buildings shall not be validated
					 by the adoption of this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-34 - Quasi-judicial proceedings; waiver or suspension of rules

Current through June, 2024
(a)
				  The intent and purpose of chapter
				  205, HRS, is to establish
				  quasi-judicial procedures which would ensure the effective application of
				  established state land use policies through an adversarial process in a hearing
				  in which diverse interests will have an opportunity to present their views in
				  an open and orderly manner. Accordingly, the commission expects all persons and
				  parties to comply with this subchapter and chapter
				  91, HRS, so that the commission will
				  have a full and complete record upon which it can render its
				  decision.
(b) Unless contrary to
				  statute, the commission may waive or suspend any rule when the commission
				  determines that:
(1) good cause exists for
				  such waiver; and
(2) strict
				  enforcement of such procedural rule would impose a manifest injustice upon a
				  party or person who has substantially complied with the commission's rules in
				  good faith. No rule relating to jurisdictional matters shall be waived or
				  suspended by the commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-34.1 - Verbatim transcripts

Current through June, 2024
Verbatim transcripts of hearings and other proceedings
					 before the commission pursuant to chapter
					 91, HRS, shall be made and kept by the
					 commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-35 - Appearance before the commission

Current through June, 2024
(a) Any party to a
				  proceeding before the commission may appear on the party's own behalf. A
				  partnership, corporation, trust, or association, or other legal entity, may be
				  represented by a duly authorized agent. An officer or employee of a department
				  or agency of the State or a political subdivision may represent that department
				  or agency in any proceeding before the commission.
(b) A party may be represented by an
				  attorney. The attorney who appears before the commission shall be a member in
				  good, standing of the Hawaii state bar. A member of the bar of another
				  jurisdiction may appear by motion or by association with a member in good
				  standing of the Hawaii state bar. All pleadings and documents shall be served
				  on the member of the Hawaii state bar.
(c) The United States or any of its agencies
				  may be represented by an employee of the agency or any attorney who is a member
				  in good standing of the bar of any state and who is employed as an attorney by
				  the United States or one of its agencies.
(d) Any person who signs a pleading or brief,
				  enters an appearance at a hearing, or transacts business with the commission,
				  by such an act represents that the person is legally authorized to do so and
				  shall comply with the laws of this State and the several counties, and the
				  rules of the commission. Further, the person shall maintain the respect due to
				  the commission, and shall never deceive or knowingly present any false
				  statements of fact or law to the commission. The commission at any time may
				  require any person appearing before the commission in a representative capacity
				  to prove the person's authority and qualification to act in that
				  capacity,
(e) All former employees
				  of the State, as that term is defined in section
				  84-3, HRS, shall
				  comply with the provisions of chapter
				  84, HRS, standards of conduct, prior
				  to making an appearance in a representative capacity before the
				  commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-36 - Decisions and orders

Current through June, 2024
(a) All decisions
				  and orders for boundary amendment and special permit applications shall be
				  signed by the chairperson or presiding officer
(b)  Unless otherwise indicated in the order,
				  the effective date of a decision and order shall be the date it is filed by the
				  chief clerk.
(c) Official copies of
				  decisions and orders and other commission actions shall be effectuated under
				  the signature of the chairperson, executive officer, or by the chief
				  clerk.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-37 - Filing documents; place and time

Current through June, 2024
All pleadings, briefs, submittals, petitions, reports,
					 maps, exceptions, memoranda, and other legal papers required or permitted to be
					 filed with the commission in any proceeding shall be filed at the office of the
					 commission before or on the date prescribed by statute, rules, or order of the
					 commission. Unless otherwise ordered and except as provided by section
					 15-15-50, the date on which the original papers are filed by or at the
					 direction of the chief clerk shall be regarded as the date of filing. The
					 commission will not accept a facsimile or electronic copy of any document for
					 filing purposes unless otherwise permitted by the executive
					 officer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-38 - Format

Current through June, 2024
(a) All documents exceeding seventy five
				  pages shall be placed in three-ring binders or equivalent (prongs and rubber
				  bands are not acceptable) and be printed upon white paper
				  8-1/2 x 11
				  inches in size. Twelve point font or larger shall be used. Tables, maps,
				  charts, exhibits, or appendices may be larger and shall be folded to that size
				  where practical and tabbed. All pleadings shall be printed and shall be one and
				  a half spaced or greater, except that footnotes and quotations in excess of a
				  few lines may be single-spaced. Reproduction may be by any process, provided
				  all copies are clear and permanently legible. Electronic copies shall be
				  similarly formatted and bookmarked.
(b) All pleadings shall show the title of the
				  proceeding before the commission and the case docket number assigned by the
				  chief clerk and shall show the name, address, and telephone number of the
				  person or attorney.
(c) The
				  original of each pleading shall be signed by each party or the party's
				  attorney. If the party is a corporation, association, partnership, or other
				  legal entity, the pleading may be signed by an officer or partner thereof or
				  other authorized person. The title and name of the person signing shall be
				  typed below the signature.
(d) In
				  addition to the paper originals and one paper copy, the parties shall also
				  submit documents and pleadings in electronic format, as directed by the
				  executive officer. However, the filing date shall be the date the paper
				  original is filed in the office of the commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-39 - Verification

Current through June, 2024
(a) Petitions, /amendments thereto, and other
				  pleadings which initiate a proceeding, and amendments thereto shall be verified
				  by at least one of the persons or officers or other authorized signatory of the
				  party filing the same.
(b) If the
				  party filing the pleading is a corporation, association, partnership, or other
				  legal entity, the pleading may be verified by an officer or partner thereof or
				  other authorized person. Evidence of such authorization shall be
				  provided.
(c) The attorney for a
				  party may sign and verify a pleading if the party is absent, or for some cause
				  unable to sign and verify the pleading.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-40 - Copies

Current through June, 2024
Unless otherwise required by this subchapter or the
					 commission, all parties shall file with the commission a paper original, one
					 paper copy and one electronic copy of each pleading or amendment thereof.
					 Additional copies shall be promptly provided if the chairperson or the
					 executive officer so requests. The commission, by order, may modify the number
					 or format of copies required under this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-41 - Defective or nonconforming documents

Current through June, 2024
(a) The mere fact
				  that a document has been filed or been deemed a proper filing by the executive
				  officer pursuant to section 15-15-50 (d) and (e) shall not be deemed a waiver
				  of any failure to comply with this subchapter. Except as provided in subsection
				  (b), if a document filed in a proceeding governed by this chapter is defective,
				  not in substantial conformity with the applicable rules of the commission, or
				  is otherwise insufficient, the commission may on its own motion or on the
				  motion of any party, strike or dismiss such document or require its amendment.
				  If amended, the document shall be effective as of the date the amended or
				  corrected document is deemed a proper filing by the executive
				  officer.
(b) Notwithstanding the
				  provisions of sections 15-15-50(6), 15-15-50(f), and 15-15-50.5, the commission
				  may, on its own motion, or on motion by any of the parties addressing alleged
				  deficiencies of the petition, dismiss defective or nonconforming petitions with
				  or without prejudice. If the petition is determined by the commission to be
				  defective or nonconforming, the date of proper filing shall be the date the
				  commission determines that the defects are cured. If the defects are
				  jurisdictional, including, without limitation, failure to satisfy the
				  requirements of section 15-15-50(c) (5), the commission shall dismiss the
				  petition without prejudice.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-42 - Extensions of time

Current through June, 2024
(a) Whenever a party is required to file a
				  pleading within a period prescribed or allowed by these rules by notice given
				  thereunder, or by an order, the chairperson, presiding officer, or the
				  executive officer may:
(1) For good cause
				  shown, with or without notice or hearing, extend such period if written request
				  therefor is made before the expiration of the period originally prescribed or
				  as extended by a previous order;
(2) Pursuant to a stipulation between all of
				  the parties, without notice or hearing, extend the period; or
(3) Upon motion after the expiration of the
				  specified period, permit the act to be done where the failure to act is clearly
				  shown to be the result of excusable neglect; but may not extend the time for
				  taking any action on jurisdictional matters,
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-43 - Amended pleadings

Current through June, 2024
All pleadings may be amended at any time until forty-five
					 days prior to the hearing date set pursuant to section 15-15-51. Amendments
					 offered prior to the hearing date shall be served on all parties and filed with
					 the commission. All parties shall have the opportunity to provide any further
					 response to address the amended pleading up to thirty days prior to the hearing
					 date set pursuant to section 15-15-51. No amended pleadings shall be filed
					 after forty-five days prior to the date of the hearing and no responses shall
					 be filed after thirty days prior to the hearing date, unless a stipulation is
					 reached by all parties, or good cause is shown and approval of the chairperson,
					 presiding officer, or the chairperson's designee is obtained.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-44 - Retention of documents

Current through June, 2024
The commission shall retain all documents filed with or
					 presented to the commission in the files of the commission. However, the
					 chairperson or presiding officer may permit a party to withdraw original
					 documents submitted by a party upon submission of properly authenticated copies
					 to replace the original documents. The party shall not withdraw the original
					 documents until it has submitted the authenticated copies and it has given to
					 the chief clerk a receipt, specifying the date and identifying the original
					 documents withdrawn.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-45 - Service of process

Current through June, 2024
(a) The commission
				  shall cause to be served all orders, notices, and other papers issued by it,
				  together with any other papers that it is required by law to serve. All other
				  papers shall be served by the parties filing them.
(b) All papers served by either the
				  commission or any party shall be filed and served upon all parties or their
				  attorney and shall contain a certificate of service. Any attorney entering an
				  appearance subsequent to the proceeding shall notify all other attorneys then
				  of record and all parties not represented by an attorney of that
				  fact.
(c) The final decision and
				  order, and any other paper required to be served by the commission upon a
				  party, shall be served upon the party's attorney of record or in the absence of
				  an attorney, upon the party.
(d)
				  Service of papers other than the notice of hearing and the final decision and
				  order, shall be made personally or, unless otherwise provided by law, by first
				  class mail. Notice of hearing shall be served as provided in section 15-15-51,
				  and the final decision and order shall be served by certified mail.
(e) Service upon parties, other than the
				  commission, shall be regarded as complete upon the occurrence of at least one
				  of the following:
(1) the party or its
				  attorney is personally served;
(2)
				  the document is delivered to the party's office or its attorney's office and
				  left with some responsible person; or
(3) the document is properly stamped,
				  addressed and mailed by first class mail to the last known address of the party
				  on file with the commission or to the party's attorney.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-45.2 - Fees nonrefundable

Current through June, 2024
The fees set forth in this chapter shall be
					 nonrefundable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 6 - APPLICATION REQUIREMENTS FOR BOUNDARY AMENDMENT PETITIONS › Section 15-15-46 - Standing to initiate boundary amendments

Current through June, 2024
The following persons may initiate a petition to the
					 commission for district boundary amendment:
(1) State departments or agencies;
(2) County departments or agencies of the
				  county in which the property is situated; or
(3) Any person with a property interest in
				  the property sought to be reclassified.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 6 - APPLICATION REQUIREMENTS FOR BOUNDARY AMENDMENT PETITIONS › Section 15-15-47 - Filing

Current through June, 2024
The petitioner shall file one original, and one paper copy
					 and one electronic copy of a petition for boundary amendment and all supporting
					 documents and exhibits, with the commission. Additional copies shall be
					 promptly provided if the chairperson or the executive officer so requests. The
					 number and format of copies required under this section may be modified by
					 order of the commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 6 - APPLICATION REQUIREMENTS FOR BOUNDARY AMENDMENT PETITIONS › Section 15-15-48 - Service of petition

Current through June, 2024
(a) At the time the
				  petition is filed with the commission, the petitioner shall serve copies of the
				  petition and all supporting documents upon:
(1) the county planning department and
				  planning commission of the county within which the subject land is
				  situated,
(2) the appropriate
				  island planning commission,
(3) the
				  state office of planning, and
(4)
				  all persons with a property interest in the subject property as recorded in the
				  county's real property tax records at the time the petition is filed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 6 - APPLICATION REQUIREMENTS FOR BOUNDARY AMENDMENT PETITIONS › Section 15-15-50 - Form and contents of petition

Current through June, 2024
(a) The form of the
				  petition for boundary amendment shall conform to the requirements of
				  subchapters
				  5 and
				  6. All petitions shall:
(1) State clearly and concisely the
				  authorization or relief sought; and
(2) Cite by appropriate reference the
				  statutory provision or other authority under which commission authorization or
				  relief is sought.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 6 - APPLICATION REQUIREMENTS FOR BOUNDARY AMENDMENT PETITIONS › Section 15-15-50.5 - Dismissal of petition for failure to provide additional information or correct defects

Current through June, 2024
Where the executive officer, pursuant to section
					 15-15-50(f), has determined that a petition is defective or nonconforming and
					 the petitioner has not provided additional information or cured any defects
					 within nine (9) months after the date of issuance of the notice that the
					 petition is defective, the executive officer shall notify the petitioner in
					 writing that the petition is dismissed for want of prosecution unless
					 objections thereto, showing good cause with specific reasons, are filed within
					 ten days after the date of such notification. If objections are not filed
					 within said ten-day period, the executive officer shall file an order of
					 dismissal with or without prejudice. If objections are filed within said
					 ten-day period, the commission shall hear the objections upon notice and
					 determine whether the petition should be dismissed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 6 - APPLICATION REQUIREMENTS FOR BOUNDARY AMENDMENT PETITIONS › Section 15-15-50.6 - Withdrawal or amendment of petition

Current through June, 2024
(a) The petitioner
				  may withdraw or amend the petition without prejudice:
(1) at any time before a petition for
				  district boundary amendment is deemed a proper filing or,
(2) any time after a petition for district
				  boundary amendment has been deemed a proper filing but before it has been set
				  for hearing; provided that if substantive amendments are made, the filing date
				  for the petition shall be the date the amended petition is deemed a proper
				  filing, and petitioner must send a notification of filing of the amended
				  petition in conformance with the requirements of section 15-15-50(d).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-51 - Notice of hearing for boundary amendment petitions

Current through June, 2024
(a)
				  Not less than sixty days and not more than one hundred eighty days after the
				  proper filing of a petition for boundary amendment, a hearing shall be
				  conducted by the commission or a hearings officer on the island in which the
				  subject property is situated.
(b)
				  The notice of hearing shall be served on the office of planning, the planning
				  commission and the planning department of the county in which the subject
				  property is situated, the appropriate planning commission of the island on
				  which the subject property is situated, all persons with a property interest in
				  the subject property that is recorded in the county's real property tax records
				  at the time the petition is submitted, all persons with an easement over, on,
				  upon or through the subject property, and all persons who appear on the county
				  tax map to have an interest in the subject property. In addition, notice of the
				  hearing shall be mailed to all persons who have made a timely written request
				  for advance notice of boundary amendment proceedings.
(c) The notice of hearing for a boundary
				  amendment shall be published at least once in the county in which the land
				  sought to be redistricted is situated as well as once statewide at least thirty
				  days in advance of the hearing. The notice of hearing , shall also be filed
				  with the lieutenant governor's office at least six calendar days before the
				  hearing.
(d) The notice of hearing
				  of a boundary amendment shall include:
(1)
				  The date, time, place, and nature of the hearing;
(2) The legal authority under which the
				  hearing is to be held;
(3) The
				  particular sections of the statutes and rules involved;
(4) An explicit statement in plain language
				  of the issues involved;
(5) The
				  fact that parties may retain an attorney if they so desire and the fact that an
				  individual may appear on the individual's own behalf, or a member of a
				  partnership may represent the partnership, or an officer or authorized employee
				  of a corporation, trust, or other legal entity may represent the corporation,
				  trust, or other legal entity;
(6)
				  Where the map of the subject property or petition may be inspected;
				  and
(7) The rights of interested
				  persons under section
				  205-4(e),
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-52 - Intervention in proceeding for district boundary amendments, except proceedings pursuant to chapter 201H, HRS

Current through June, 2024
(a) The petitioner,
				  the state office of planning, and the planning department of the county within
				  which the subject land is situated shall appear in every case as parties, and
				  make recommendations relative to the proposed boundary amendment.
(b) Within thirty days of the date of the
				  notification of petition filing pursuant to section 15-15-50(d), persons who
				  intend to intervene may file a notice of intent to intervene with the
				  commission. The notice of intent to intervene shall provide, but not be limited
				  to, the following information:
(1) The
				  person's name and mailing address; and
(2) The nature and extent of the person's
				  interest in the petition.
The notice of intent to intervene shall be served upon the
					 petitioner, the state office of planning, and the respective county planning
					 department. Upon receipt of a notice of intent to intervene, the petitioner
					 shall serve a copy of the petition filed with the chief clerk upon the
					 potential intervenor. All persons who wish to formally intervene shall comply
					 with subsections (e), (f), (g), and (h).