Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-2 - Definitions

Current through June, 2024
As used in this chapter, except as otherwise required by
					 context:
"Authority" or "HCDA" means the Hawaii community
					 development authority as defined by section
					 206E-2, HRS;
"Chairperson" means the duly elected chief presiding
					 officer of the authority;
"Community development district" means an area of land
					 designated as a community development district by the legislature in accordance
					 with section
					 206E-5,
					 HRS;
"Contested case" 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;
"Days" means calendar days unless otherwise
					 specified;
"Executive director" means the executive director of the
					 authority or the executive director's designated representative,-
"Hearings officer" means a person duly appointed and
					 authorized by the authority to conduct proceedings on matters within the
					 jurisdiction of the commission for purposes of holding a hearing, taking
					 testimony, and reporting the person's findings and recommendations, together
					 with a transcript of the hearing or a summary of the evidence, to the
					 authority;
"Heeia community development district" means all real
					 property located within the boundaries of the district as established by
					 Session Laws of Hawaii 2011, Act 210;
"HRS" means the Hawaii Revised Statutes;
"Kakaako community development district" means all real
					 property located within the boundaries of the district as established by
					 section
					 206E-32,
					 HRS;
"Kalaeloa community development district" means all real
					 property located within the boundaries of the district as established by
					 section
					 206E-191,
					 HRS;
"Party" means any person or governmental agency named or
					 admitted as a party, or properly seeking and entitled as of right to be
					 admitted as a party, in any proceeding before the authority;
"Person" means individuals, partnerships, corporations,
					 trusts, associations, public or private organizations of any character other
					 than governmental agencies;
"Petition" means an application to the authority by a
					 party which seeks relief under these rules;
"Presiding officer" means any member of the authority or a
					 hearings officer appointed by the authority as such. Unless otherwise
					 designated, the chairperson of the authority shall be the presiding
					 officer;
"Proceeding" means any matter brought before the authority
					 or initiated by the authority which it has jurisdiction to entertain and
					 dispose of;
"Repeated violation" means two or more occurrences of the
					 same type of violation at the same location by the same violator;
"Violation" means nonconformance with the administrative
					 rules of HCDA's community development districts with respect to land use,
					 development standards, permit conditions or associated misrepresentations as
					 follows:
(1) Land use - Utilization of any structure or land for an
					 activity not permitted in the administrative rules of HCDA's community
					 development districts;
(2) Development standards - Location or construction of any
					 structure inconsistent with standards and procedures prescribed in the
					 administrative rules of HCDA's community development districts;
(3) Permit conditions - Breach of a term or condition of
					 any permit or other authorization issued pursuant to the administrative rules
					 of HCDA's community development districts; or
(4) Misrepresentations - Misrepresentation of fact on any
					 application, plan or other information submitted to obtain authority
					 authorization or a permit, including but not limited to representations made in
					 affidavits, recorded covenants, parking agreements, and development agreements;
					 and "Violator" means any person or governmental agency that has an interest in
					 the property upon which a violation occurs.