reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 6 - REMEDIES › Section 13-190.1-43 - Liens

Current through June, 2024
(a) Costs of construction, enlargement,
				  repair, alteration, or removal work done by the department or its agents to
				  render a dam, reservoir, or appurtenances safe shall constitute a statutory
				  lien against all property of the owner. Notwithstanding any other law to the
				  contrary, the lien shall be considered prior and superior to all " other
				  mortgages, liens, or encumbrances of record even' if those other mortgages,
				  liens, or encumbrances were filed before the lien pursuant to this subsection
				  becomes due.
(b) Liens pursuant to
				  subsection (a) may be perfected and foreclosed in advance of or after
				  completion of construction, enlargement, repair, alteration, or removal. If
				  perfected in advance, the lien shall be perfected by the filing of an affidavit
				  of the board setting forth the estimate of the costs of construction,
				  enlargement, repair, alteration, or removal within the county in which the dam
				  or reservoir is located in the same manner as prescribed for mechanic's liens.
				  When the affidavit is filed, the amount set forth in the affidavit shall be a
				  lien in that amount against all property of the owner. If the actual cost of
				  construction, enlargement, repair, alteration, or removal exceeds the estimated
				  cost, the board may amend the affidavit setting forth the additional estimated
				  cost. If the estimated cost exceeds the actual costs of construction,
				  enlargement, repair, alteration, or removal at completion, the board shall file
				  an amended affidavit at completion. If a lien is perfected in advance and the
				  construction, enlargement, repair, alteration, or removal is not commenced
				  within two years from the date of perfection, the lien shall be void. The board
				  shall file a satisfaction of lien upon payment of the costs of construction,
				  enlargement, repair, alteration, or removal by the owner.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 6 - REMEDIES › Section 13-190.1-44 - Injunctive relief

Current through June, 2024
Whenever in the judgment of the department any person has
					 engaged in or is about to engage in any act or practice that constitutes or
					 will constitute an unlawful action under chapter 179D, HRS, the department may
					 apply to the circuit court of the county in which the unlawful act or practice
					 has been or is about to be engaged in, . or in which jurisdiction is
					 appropriate, for an order enjoining the act or practice, or for an order
					 requiring compliance with this chapter. Upon a showing by the department that a
					 person has engaged in or is about to engage in any unlawful act or practice, a
					 permanent or temporary injunction, restraining order, or other order shall be
					 granted without the necessity of showing lack of an adequate remedy at law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 6 - REMEDIES › Section 13-190.1-45 - Department action when multiple owners cannot mutually agree

Current through June, 2024
If multiple owners of a dam or reservoir facility cannot
					 mutually agree on a unified course of action for repair or remediation of a dam
					 facility, the department shall issue and enforce actions to ensure public
					 safety. Costs incurred may be recoverable by the department from the owners.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 7 - ENTRY UPON PROPERTY › Section 13-190.1-46 - Entry upon property

Current through June, 2024
(a) The department
				  shall have the right to direct and conduct investigations as it may reasonably
				  deem necessary, to carry out its duties as prescribed by statute. For this
				  purpose, the agents or employees of the department or any authorized
				  representatives may enter at reasonable times, without prior notice, any
				  property, public or private, for the purpose of investigating the condition,
				  construction, or operation of any dam, reservoir, or other artificial barrier
				  dealt with in chapter 179D, HRS. If an emergency situation arises as determined
				  by the department, the agents or employees of the department, or any authorized
				  representatives, shall have the right to enter without prior notice, any
				  property, public or private, for the purpose of investigating the condition,
				  construction, or operation of the dam and to take any emergency remedial
				  actions, without a search warrant or liability for trespaiss.
(b) It shall be unlawful for any person to
				  refuse entry or access to any authorized representative of the department who
				  requests entry for purposes of inspection and who presents appropriate
				  credentials. It shall also be unlawful to obstruct, hamper, or interfere with
				  any representative , while in the process of carrying out the representative's
				  official duties.
(c)
				  Notwithstanding any other provision of law to the contrary, the board and its
				  agents, engineers, other employees, or authorized representatives, for the
				  purposes of enforcing chapter 179D, HRS, may enter upon any land or water in
				  the State that is the subject of an inspection, investigation, or remedial
				  actions without a search warrant or liability for trespass.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 8 - FEES › Section 13-190.1-50 - Dam permit application fees for construction, repair, alteration, or removal

Current through June, 2024
(a) The applicant
				  or owner shall submit with the application for construction, enlargement,
				  alteration, repair, or removal of a dam or reservoir, an application fee in the
				  amount equal to two per cent of the estimated cost of construction, including
				  engineering costs.
(b) For the
				  purposes of this subchapter, the estimated cost of the construction,
				  enlargement, alteration, repair, or removal shall include the following:
(1) The cost of all labor and materials
				  entering into the construction of the dam and appurtenant works or
				  reservoir;
(2) The cost of
				  preliminary investigations and surveys;
(3) The cost of the construction plans
				  properly chargeable to the cost of the dam or reservoir; and
(4) Any and all other items entering directly
				  into the cost of the construction, enlargement, alteration, repair, or
				  removal.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 8 - FEES › Section 13-190.1-51 - Certificate of approval to impound fee

Current through June, 2024
The owner shall submit with the application for a
					 certificate of approval to impound payment of a fee in the amount of four
					 hundred dollars.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 8 - FEES › Section 13-190.1-52 - Annual fees

Current through June, 2024
(a) An annual fee shall be paid by the owner
				  of the dam, on or before December 31 of each year, for the following calendar
				  year, based upon a fixed rate and height of the dam. The annual fee shall be
				  five hundred dollars per dam, plus one hundred ten dollars per foot of
				  height.
(b) Any owner who fails to
				  pay any annual fee or any part of any annual fee required to be paid within the
				  time required shall pay a penalty of ten per cent of the annual fee or part of
				  the annual fee, plus interest at the rate of one-half of one per cent per
				  month, or for each fraction of a month, from the date on which the annual fee
				  or the part of the annual fee became due and payable to the department until
				  the date of payment.
(c) For the
				  purposes of this section, "height of the dam" means the vertical distance, to
				  the nearest foot, from the natural bed of the stream or watercourse at the
				  downstream toe of the barrier, as determined by the department, or from the
				  lowest elevation of the outside limit of the barrier, as determined by the
				  department, if it is not across a stream channel or watercourse, to the maximum
				  water storage elevation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 13-197-1 - Purpose

Current through June, 2024
This chapter governs the practice of and the procedures
					 before the Hawaii historic places review board under Chapter
					 91, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 13-197-2 - Definitions

Current through June, 2024
As used in this chapter:
"Agency" means any board, commission, department, bureau,
					 or political subdivision of the State or county governments.
"Contested case hearing" means a proceeding in which the
					 legal rights, duties, or privileges of specific parties are required by law to
					 be determined after an opportunity for agency hearing.
"Owner or owners" means a person having fee simple title
					 to the property being nominated for registration into the Hawaii register or
					 national register, which interest is legally recorded at the bureau of
					 conveyances or the land court at the State of Hawaii. If the property being
					 nominated is publicly owned, the owner shall mean the department of land and
					 natural resources or in cases where the public property is under the control
					 and management (i.e. deed, executive order) of an agency, shall mean the
					 administrative officer responsible for the control and management of the
					 property. Owner shall not include persons holding less than fee interest in the
					 property (i.e. lease, easement, permit, or license).
"Party" means each person or agency named or admitted as a
					 party, or properly seeking and entitled as a right to be admitted as a party,
					 in any proceeding before the review board.
"Person" or "persons" include individuals, partnerships,
					 corporations, associations, or public or private organizations of any character
					 other than an agency.
"Public records" shall be as defined in section 92-50,
					 Hawaii Revised Statutes.
"Review Board" means the Hawaii historic places review
					 board.
"Regular business hours" means from 7:45 a.m. to 4:30 p.m.
					 of each day of the week except Saturdays, Sundays, and holidays.
"Rule" shall be as defined in section
					 91-1(4),
					 Hawaii Revised Statutes.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 13-197-3 - Office

Current through June, 2024
The office of the review board is in the office of the
					 historic preservation division, department of land and natural resources,
					 Kakuhihewa Building, 601 Kamokila Blvd., Room 555, Kapolei, Hawaii 96707. All
					 communication to the review board shall be sent to the review board at that
					 address, unless otherwise specifically directed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 13-197-4 - Public records and information

Current through June, 2024
(a) All public
				  records shall be available for inspection at the office of the review board
				  during regular business hours unless public inspection of those records is in
				  violation of any state or federal law; provided that except where those records
				  are open under any rule of court, the attorney general may determine which
				  records may be withheld from public inspection when those records pertain to
				  the preparation of the prosecution or defense of any action or proceeding,
				  prior to its commencement, to which the State is or may be a party, or when
				  those records do not relate to a matter in violation of law and are deemed
				  necessary for the protection of a character or reputation of any
				  person.
(b) Public records printed
				  or reproduced by the review board in quantity shall be given to any person
				  requesting the same and paying the fees established by the review board or by
				  law for those records. Photocopies of public records shall be made and given to
				  any person requesting same, upon payment by that person of reasonable fees
				  established by the review board or by law.
(c) Any person may obtain information on
				  matters within the jurisdiction of the review board by inquiring in person,
				  during regular business hours, at the office of the review board, or by
				  submitting a written request to the office.
(d) Requests for public information, for
				  permission to inspect official records, or for copies of public records shall
				  be handled with due regard for the dispatch of other public duties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 2 - RULEMAKING PROCEEDINGS › Section 13-197-5 - Petitions for adoption, amendment, or repeal of rules

Current through June, 2024
(a)
				  Any interested person may petition the review board for the adoption,
				  amendment, or repeal of any rule of the review board. The petition shall be
				  submitted in duplicate and delivered to the office of the review
				  board.
(b) The petition need not be
				  in any special form but shall contain:
(1) A
				  statement of the nature of each petitioner's interest in the subject
				  matter;
(2) A draft or text of the
				  proposed rule or amendment desired by petitioner or a specification of the rule
				  that petitioner desires repealed;
(3) A designation of any existing rules or
				  laws affected by the petition;
(4)
				  An explicit statement of the reasons that the petitioner is seeking the
				  adoption, amendment, or repeal of the rule;
(5) Any other facts, views, arguments, and
				  data deemed relevant to the petition;
(6) The name, address, and telephone number
				  of each petitioner; and
(7) The
				  signature of each petitioner.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 2 - RULEMAKING PROCEEDINGS › Section 13-197-6 - Adoption, amendment, or repeal of rules

Current through June, 2024
When, pursuant to a petition, or upon its own motion, the
					 review board proposes to adopt, amend, or repeal a rule, the rule shall be
					 adopted, amended, or repealed in accordance with the procedures set form in
					 this chapter and in chapter
					 91 and section
					 92-41,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 2 - RULEMAKING PROCEEDINGS › Section 13-197-7 - Conduct of public hearing on proposed adoption, amendment, or repeal of rule

Current through June, 2024
(a) Each public hearing on a proposed
				  adoption, amendment, or repeal of a rule shall be presided over by the
				  chairperson or other person designated by the chairperson. The hearing shall be
				  conducted in a manner which affords interested persons a reasonable opportunity
				  to be heard on matters relevant to the issues involved and obtains a clear and
				  orderly record.
(b) Each hearing
				  shall be held at the time and place set in the notice but at that time and
				  place may be continued from day to day or adjourned to a later date or to a
				  different place without notice other than the announcement thereof at the
				  hearing.
(c) At the commencement of
				  the hearing, the presiding officer shall read the notice of the hearing and
				  shall outline briefly the procedure to be followed. Testimony shall then be
				  received with respect to the matters specified in the notices in an order the
				  presiding officer shall prescribe.
(d) All interested persons and agencies of
				  the State or its political subdivisions shall be given reasonable opportunity
				  to offer testimony, orally or in writing, with respect to the matters specified
				  in the notice. All persons, before proceeding to testify, shall state their
				  names, addresses, and whom they represent, and shall give such other
				  information respecting their appearances as the presiding officer may request.
				  Every person testifying shall be subject to questioning by members of the
				  review board but questioning by private persons shall not be permitted without
				  the presiding officer's permission. The presiding officer shall confine the
				  testimony to the subject matter of the hearing. All written testimony offered
				  may be submitted to the review board at its office not less than twenty-four
				  hours prior to the hearing. Persons submitting written testimony on the day of
				  the hearing shall furnish twelve copies of the testimony to the review board
				  prior to the hearing.
(e) Unless
				  otherwise specifically ordered by the review board, testimony given at the
				  hearing shall not be reported verbatim. All supporting written statements,
				  maps, charts, tabulations, or similar data offered at the hearing and which are
				  deemed by the presiding officer to be authentic and relevant, shall be received
				  in evidence and made part of the record. Unless the presiding officer finds
				  that the furnishing of copies in impracticable, two copies of the exhibits
				  shall be submitted.
(f) At the
				  close of the final public hearing, the presiding officer shall announce the
				  decision of the review board or announce the date when it intends to make a
				  decision.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 3 - DECLARATORY RULINGS › Section 13-197-8 - Declaratory rulings

Current through June, 2024
(a) Any interested
				  person may petition the review board for a declaratory order as to the
				  applicability of any statutory provisions administered by the review board or
				  any rule or order of the review board.
(b) The petition shall be submitted in
				  duplicate to the office of the review board. The petition need not be in any
				  special form but shall contain:
(1) A full
				  disclosure of the nature of the petitioner's interest, including reasons for
				  the submission of the petition;
(2)
				  A designation of the specific statutory provision, rule, or order in question;
				  a complete statement of the relevant facts and the precise nature of the
				  controversy;
(3) A statement of the
				  interpretation given the statutory provision, rule or order by the
				  petitioner;
(4) A memorandum
				  containing the reasons, including any legal authorities, in support of the
				  interpretation of the petitioner; and
(5) The name, address, telephone number, and
				  signature of the petitioner.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-10 - Contested case hearings

Current through June, 2024
When required by law or administrative rule, the review
					 board shall hold a contested case hearing upon its own motion or upon the
					 written petition of any interested person who is properly admitted as a party
					 pursuant to section
					 13-197-13. Unless specifically
					 prescribed in this chapter or by chapter
					 91, Hawaii Revised Statutes, the
					 review board may adopt procedures which in its opinion will best serve the
					 purposes of the hearings.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-11 - Request for hearing

Current through June, 2024
(a) A hearing on a
				  contested matter may be requested by the review board on its own motion or any
				  interested person who then properly qualifies to be admitted as a party. An
				  oral or written request for a contested case hearing shall be made by the close
				  of the review board meeting at which the matter is scheduled for disposition.
				  The person requesting the contested case hearing shall file (or mail and
				  postmark) a written petition with the review board not later than ten days
				  after the close of the review board meeting. The time for making an oral or
				  written request and submitting a written petition may be waived by the review
				  board.
(b) A petition requesting a
				  contested case hearing shall contain concise statements of:
(1) The legal authority under which the
				  proceeding, hearing, or action is to be held or made;
(2) The petitioner's interest that may be
				  affected;
(3) The disagreement,
				  denial, or grievance which is being contested by the petitioner;
(4) The basic facts and issues raised;
				  and
(5) The relief to which the
				  party or petitioner seeks or deems itself entitled.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-12 - Notice of hearing

Current through June, 2024
After a determination is made that a contested case
					 hearing is required, the written notice of hearing shall be served on parties
					 in accordance with section
					 91-9.5,
					 Hawaii Revised Statutes, and shall be served on all persons or agencies
					 admitted as a party at their last recorded addresses at least fifteen days
					 before the hearing date. Further, the notice shall be published as provided by
					 law but not less than once in a newspaper of general circulation within the
					 State and within the county provided that matters of internal management shall
					 not be subject to the publication requirement.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-13 - Parties

Current through June, 2024
(a) The following persons or agencies shall
				  be admitted as a party:
(1) The nominator
				  shall be a party;
(2) The owner
				  shall be a party in cases involving chapter 13-198; provided, however, that
				  when the owner is an agency, it shall not have standing to petition for a
				  contested case hearing for publicly-owned property;
(3) All persons who have some property
				  interest in the land, who lawfully reside on the land, who are adjacent
				  property owners, or who otherwise can demonstrate that they will be so directly
				  and immediately affected by the proposed change that their interest in the
				  proceeding is clearly distinguishable from that of the general public shall be
				  admitted as parties upon timely application; and
(4) Other persons or agencies who can show a
				  substantial interest in the matter may apply to be a party. The review board
				  may approve the application only if the applicant's participation will
				  substantially assist the review board in its decision making.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-14 - Conduct of hearing

Current through June, 2024
(a) Contested case
				  hearings shall be conducted in accordance with this subchapter, chapter
				  91, Hawaii Revised Statutes, and
				  section
				  92-16,
				  Hawaii Revised Statutes.
(b) The
				  presiding officer shall have the power to give notice of the hearing,
				  administer oaths, compel attendance of witnesses, and the production of
				  documentary evidence, examine witnesses, certify to official acts, issue
				  subpoenas, rule on offers of proof, receive relevant evidence, hold conferences
				  before and during hearings, rule on objections or motions, fix times for
				  submitting documents, briefs, and dispose of other matters that normally and
				  properly arise and which are necessary for the orderly and just conduct of a
				  hearing. The review board members may examine and cross-examine
				  witnesses.
(c) The chairperson of
				  the review board shall be the presiding officer. However, the chairperson may
				  designate another review board member, an appointed representative or a master
				  to be presiding officer unless prohibited by law.
(d) The review board may conduct the hearing
				  or, unless otherwise prohibited by law, the review board in its discretion may
				  designate a hearing officer or master to conduct contested case
				  hearings.
(e) The presiding officer
				  shall provide that a verbatim record of the evidence presented at any hearing
				  is taken unless waived by all the parties. Any party may obtain a certified
				  transcript of the proceedings upon payment of the fee established by law for a
				  copy of the transcript.
(f) The
				  petitioner shall make the first opening statement and the last closing argument
				  unless the review board directs otherwise. Other parties shall be heard in an
				  order the presiding officer directs.
(g) Where a party is represented by more than
				  one counsel, they may allocate witnesses between them but only one of the
				  counsel shall be permitted to cross-examine a witness or to state any
				  objections or to make closing arguments.
(h) Each party shall have the right to
				  conduct cross-examinations of the witnesses as required for a full of true
				  disclosure of the relevant facts and shall have the right to submit rebuttal
				  evidence, subject to limitation by the presiding officer.
(i) To avoid unnecessary or repetitive
				  evidence, the presiding office may limit the number of witnesses, the extent of
				  direct or cross examination, or the time for testimony upon a particular issue,
				  subject to law.
(j) Any procedure
				  in a contested case may be modified or waived by stipulation of the parties and
				  informal disposition may be made of any contested case by stipulation, agreed
				  settlement, consent order or default.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-15 - Procedure for witnesses

Current through June, 2024
(a) Witnesses may
				  be subpoenaed as set forth in this subsection:
(1) Requests for the issuance of subpoenas,
				  requiring the attendance of a witness for the purpose of taking oral testimony
				  before the review board shall be in writing, and shall state the reasons why
				  the testimony of the witness is believed to be material and relevant to the
				  issues involved. Only parties or a review board member may request the issuance
				  of a subpoena;
(2) Requests for the
				  issuance of subpoenas for the production of documents or records shall:
(A) Be in writing;
(B) Specify the particular document or
				  record, or part thereof, desired to be produced; and
(C) State the reasons why the production
				  thereof is believed to be material and relevant to the issues involved.
Only parties or a review board member may request the
					 issuance of a subpoena duces tecum.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-16 - Motions

Current through June, 2024
(a) All motions other than those made during
				  a hearing shall be made in writing to the review board, shall state the relief
				  sought, and shall be accompanied by an affidavit or memorandum setting forth
				  the grounds upon which they are based. The presiding officer shall set the time
				  for all motions and opposing memorandum, if any.
(b) The moving party shall serve a copy of
				  all motions on all other parties at least forty-eight hours prior to the
				  hearing on the motion and shall file with the review board the original with
				  proof of service.
(c) A memorandum
				  in opposition or a counter affidavit shall be served on all parties not later
				  than twenty-four hours prior to the hearing. The original and proof of service
				  shall be filed with the review board.
(d) Failure to serve or file a memorandum in
				  opposition to a motion or failure to appear at the hearing shall be deemed a
				  waiver of objection to the granting or denial of the motion.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-18 - Prehearing conferences; exchange of exhibits; briefs

Current through June, 2024
(a)
				  The presiding officer may hold or cause to be held pre-hearing conferences with
				  the parties for the purpose of formulating or simplifying the issues, arranging
				  for the exchange of proposed exhibits or proposed written testimony, setting of
				  schedules, exchanging names of witnesses, limitation of number of witnesses,
				  and such other matters as may expedite orderly conduct and disposition of the
				  proceeding as permitted by law.
(b)
				  The presiding officer may request briefs setting forth the issues, facts, and
				  legal arguments upon which the parties intend to rely and the presiding officer
				  may fix the conditions and time for the filing of briefs and the number of
				  pages. Exhibits may be reproduced in an appendix to a brief. A brief of more
				  than twenty pages shall contain a subject index and table of
				  authorities.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-19 - Correction of transcript

Current through June, 2024
Motions to correct the transcript shall be made within
					 five days after receipt of the transcript and shall be acted upon by the
					 presiding officer.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-20 - Disqualification

Current through June, 2024
No review board member shall sit in any proceeding in
					 which the member has any pecuniary or business interest involved in the
					 proceeding or who is related within the first degree by blood or marriage to
					 any party to the proceeding. If, after declaring any pecuniary interest or
					 consanguinity to the parties, the parties do not oppose the member from sitting
					 in a proceeding, the record shall note clearly the waiver by the
					 parties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-21 - Ex parte (single party) communications

Current through June, 2024
(a) No party or
				  person petitioning to be a party to a contested case hearing before the review
				  board nor their employees, representatives or agents shall make an unauthorized
				  ex parte communication either oral or written concerning the contested case to
				  any member of the review board who will be a participant in the decision-making
				  process.
(b) The following classes
				  of ex parte communications are permitted:
(1)
				  Those which relate solely to matters which a review board member is authorized
				  by the review board to dispose of on ex parte basis.
(2) Requests for information with respect to
				  the status of a proceeding.
(3)
				  Those which all parties to the proceeding agree or which the review board has
				  formally ruled may be made on an ex parte basis.
(4) Those with representatives of any news
				  media on matters intended to inform the general public.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-22 - Decisions and orders

Current through June, 2024
(a) A proceeding
				  shall be deemed submitted for decision by the review board after the taking of
				  evidence, the filing of briefs, the consideration of motions, and the
				  presentation of oral argument permitted or prescribed by the presiding officer.
				  Where a hearing officer has conducted the hearing, the hearing officer shall
				  file a report with the evidence, or a summary thereof, as well as proposed
				  findings of fact and conclusions of law which the review board may adopt,
				  reject, or modify. A party to the proceedings may submit a proposed decision
				  and order which shall include proposed findings of fact and conclusions of law.
				  The proposals shall be filed with the review board and mailed to each party to
				  the proceeding not later than ten days after the transcript is prepared and
				  available, unless the presiding officer shall otherwise prescribe.
(b) Within the time established by law, if
				  any, or within a reasonable time after the hearing, the review board shall
				  render its findings of fact, conclusions of law and decision and order
				  approving the proposal, denying the proposal, or modifying the proposal by
				  imposing conditions. The vote of each member shall be recorded. Upon agreement
				  by the parties, the examination and proposed decision provisions under section
				  91-11,
				  Hawaii Revised Statutes, may be waived pursuant to section
				  91-9(d),
				  Hawaii Revised Statutes.
(c) Every
				  decision and order adverse to a party to the proceeding, rendered by the review
				  board in a contested case, shall be in writing or stated in the record and
				  shall be accompanied by separate findings of fact and conclusions of law. If
				  any party to the proceeding has filed proposed findings of fact, the review
				  board shall incorporate in its decision a ruling upon each proposed finding so
				  presented.
(d) Decisions and orders
				  shall be served by mailing copies thereof to the parties of record. When
				  service is not accomplished by mail, it may be effected by personal delivery of
				  a certified copy. When a party has appeared by representative, service upon the
				  representative or counsel shall be deemed to be service upon the
				  party.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-917-23 - Reconsideration

Current through June, 2024
(a) The review board may reconsider a
				  decision it has made on the merits only if the moving party can show:
(1) New information not previously available
				  would affect the result; or
(2)
				  That a substantial injustice would occur.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-24 - Appeals

Current through June, 2024
Persons to proceedings who are aggrieved by the decision
					 of the review board may obtain judicial review thereof in the manner set forth
					 in section
					 91-14,
					 Hawaii Revised Statutes, provided that the court may also reverse or modify a
					 finding of the review board if such finding appears to be contrary to the clear
					 preponderance of the evidence.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 13-198-1 - Purpose

Current through June, 2024
The purpose of this chapter is to set forth the procedures
					 by which historic properties shall be ordered and entered into the Hawaii
					 register of historic places by the review board and by which nominations of
					 historic properties to the national register will be approved by the review
					 board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-3 - Nomination procedure

Current through June, 2024
The preservation officer, or any person or agency may
					 nominate a building, structure, object, district, or site for entry into the
					 Hawaii register. Nominations shall be made on the standard national register
					 nomination forms, available in the office of the preservation officer, in
					 accordance with the technical guidelines for the completion of those forms.
					 Each nomination form shall be accompanied by:
(1) A map clearly showing the exact
				  boundaries of the property being nominated; and
(2) A contemporary, good quality photograph
				  or photographs of the property being nominated; which provide or provides a
				  clear and accurate visual representation of the property and its setting.
All nominations which do not fulfill these requirements or
					 are otherwise judged to have insufficient information may be returned by the
					 review board to the nominator for resubmission upon compliance with these
					 requirements.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-4 - Notification of owners

Current through June, 2024
(a) Upon receipt of
				  a nomination which complies with all the necessary requirements of section
				  13-198-3, the review board shall schedule a hearing to consider whether the
				  nominated property should be ordered into the Hawaii register.
(b) Notification of the hearing shall be
				  provided to each owner and the nominator by registered or certified mail with
				  return receipt requested at least forty-five days before the hearing; provided
				  that, if service by registered or certified mail is not made because of refusal
				  by an owner to accept service, or if the review board or its agents have been
				  unable to ascertain the address of the owner or owners after reasonable and
				  diligent inquiry, the notice of hearing may be given to the owner or owners by
				  publication at least once in each of two successive weeks in a newspaper of
				  general circulation in the State. The last published notice shall appear at
				  least thirty days prior to the date of the hearing. The notice of hearing shall
				  conform with the requirements of section
				  92-7,
				  Hawaii Revised statutes.
(c) The
				  notice shall also state that the owner has thirty days from receipt of the
				  notice to submit written comments and concur with the nomination or submit a
				  statement of objections to the review board.
(d) Upon notification, any owner of private
				  property who objects to the nomination of the property shall submit to the
				  review board a notarized statement certifying that the person is the owner of
				  the private property and objects to the listing. If the owner of private
				  property properly objects to the nomination, then the property shall not be
				  included in the national register but shall only be considered for
				  determination of eligibility pursuant to
				  36
				  C.F.R. §60.6. This subsection does not
				  apply to nominations to the Hawaii register.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-5 - Hearing Procedures

Current through June, 2024
(a) The chairperson
				  or other member of the review board designated by the chairperson shall preside
				  at all hearings before the review board on nominations to the Hawaii register.
				  The presiding officer shall control the course of hearings and dispose of any
				  matter that normally and properly arises before or in the course of a hearing,
				  and take all other actions authorized by law that are deemed necessary for the
				  orderly and just conduct of a hearing.
(b) The presiding officer, in its discretion
				  or at the request of a party, may postpone or continue any hearing.
(c) The hearing shall be held at the time and
				  place set forth in the notice of hearing but, at such time and place, may be
				  continued from day to day, or adjourned to a later day or to a different place,
				  without notice other than announcement thereof at the hearing by the presiding
				  officer.
(d) The review board shall
				  tape record all testimony and prepare written minutes of the hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-6 - Conduct of the hearing

Current through June, 2024
(a) The hearings on
				  a nomination of a property to the Hawaii register shall be conducted in a
				  manner which affords all parties full opportunity to present evidence and
				  argument on all issues involved. Any person or persons who willfully disrupts a
				  hearing to prevent and compromise the conduct of the hearing may be removed
				  from the hearing room.
(b) The
				  presiding officer shall convene the hearing and briefly summarize the nature of
				  the hearing and the issues involved.
(c) All interested persons or agencies shall
				  be afforded an opportunity to submit data, views, or arguments which are
				  relevant to the nominations noticed for the hearing.
(d) In a hearing on a nomination to the
				  Hawaii register, the nominator shall make the initial presentation and submit
				  oral or documentary evidence necessary for the presentation of the nominator's
				  case. All witnesses testifying for the nominator shall be subject to
				  examination by the members of the review board.
(e) Following submission of all the
				  testimony, the review board shall take action and render a decision on the
				  nomination of the property onto the Hawaii register. If the owner of the
				  private property being nominated objects to the nomination of the property onto
				  the Hawaii register, then the owner may request a contested case hearing by the
				  close of the review board meeting pursuant to section 13-197-11.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-7 - Decision and order

Current through June, 2024
(a) The review board shall render its
				  decision and order in writing or on the record within a reasonable time after
				  the close of the hearing.
(b) A
				  certified copy of the decision and order shall be delivered or mailed to each
				  party within a reasonable time after its issuance by the review
				  board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-8 - Criteria for decisions; considerations

Current through June, 2024
In deciding whether a property should be entered and
					 ordered into the Hawaii register, the review board shall evaluate whether the
					 property meets or possesses, individually or in combination, the following
					 criteria or characteristics:
(1) The
				  quality of significance in Hawaiian history, architecture, archaeology, and
				  culture, which is present in districts, sites, buildings, structures, and
				  objects of State and local importance that possess integrity of location,
				  design, setting, materials, workmanship, feeling, and association, and:
(A) That are associated with events that have
				  made a significant contribution to broad patterns of our American or Hawaiian
				  history;
(B) That are associated
				  with the lives of persons significant in our past;
(C) That embody the distinctive
				  characteristics of a type, period, or method of construction, or that represent
				  the work of a master, or that possess high artistic value, or that represent a
				  significant and distinguishable entity whose components may lack individual
				  distinction; or
(D) That have
				  yielded, or may be likely to yield, information important in prehistory or
				  history;