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 15-15-03 - Definitions

Current through June, 2024
As used in this chapter:
"Accessory building or use" means a subordinate building or
					 use which is incidental to and customary with a permitted use of the
					 land.
"Agency" means each state or county board, commission,
					 department, or office authorized by law to make rules or to adjudicate
					 contested cases, except those in legislative or judicial branches.
"Agency hearing" refers only to a hearing held by an agency
					 immediately prior to a judicial review of a contested case as provided in
					 section
					 91-14,
					 HRS.
"Agricultural park" means the same as in section
					 166-2, HRS.
"Building" means any structure having a roof, including,
					 but not limited to, attached carports and similar structures.
"Chairperson" means the chairperson of the
					 commission.
"Chief clerk" means the person who is responsible for
					 receiving, recording, and preserving the records of all matters brought before
					 the commission.
"Commission" means the land use commission of the State of
					 Hawaii.
"Commissioner" means a member of the commission.
"Contested case" means a proceeding in which legal rights,
					 duties, or privileges of specific parties are required by law to be determined
					 after an opportunity for agency hearing.
"District" means an area of land, including lands
					 underwater, established as an urban, agricultural, conservation, or rural
					 district.
"Dwelling" means a building designed or used exclusively
					 for single family residential occupancy, but not including house trailer,
					 multi-family unit, mobile home, hotel, or motel.
"Economic feasibility" means the degree to which the market
					 demand for the proposed project, development, or use by the petitioner is
					 accurately estimated and appears to be substantial enough to indicate the
					 probability of a viable endeavor to justify the boundary amendment.
"Executive officer" means the individual appointed by the
					 commission to be the administrative officer of the commission.
"Facsimile" means a document produced by a receiver of
					 signals transmitted over telecommunication lines, after translating the
					 signals, to produce a duplicate of an original document.
"Farm dwelling" means a single-family dwelling located on
					 and used in connection with a farm or where agricultural activity provides
					 income to the family occupying the dwelling.
"Filing" means the submittal of documents with the chief
					 clerk. A document will be considered filed at the time it is received in the
					 chief clerk's office, as evidenced by the date and time endorsed on the
					 document by or at the direction of the chief clerk. Unless otherwise
					 specifically provided in these rules, electronic or facsimile transmission of
					 documents to the chief clerk or executive officer of the commission does not
					 constitute filing. This definition is to be distinguished from the definition
					 for "proper filing" for petitions to amend a district boundary.
"Hearings officer" means a person or persons duly
					 designated and authorized by the commission to conduct proceedings on matters
					 within the jurisdiction of the commission for purposes of taking testimony and
					 to report the person's findings and recommendations to the commission.
"HRS" means the Hawaii Revised Statutes.
"Intervenor" means a person who properly seeks by
					 application to intervene and is entitled to be admitted as a party in any
					 contested case proceeding before the commission.
"Land" means all real property in the State including areas
					 under water within the boundaries of the State.
"Landowner" means a person or party with a fee simple
					 interest in the land.
"Lot" means a single parcel of land of record in the real
					 property tax records of the county in which the land is located.
"Map" means the land use district boundaries maps of the
					 commission.
"Meeting" means the convening of the commission for which a
					 quorum is required in order to make a decision or deliberate toward a decision
					 upon a matter over which the commission has supervision, control, jurisdiction,
					 or advisory power.
"Party" means a person named or admitted as a party or
					 entitled as of right to be admitted as a party in any contested case proceeding
					 before the commission.
"Person" means any individual, corporation, firm,
					 association, partnership, society, or other legal entity, and any federal,
					 state, and county department or agency.
"Petitioner" means a person who seeks permission or
					 authorization from the commission in any matter for which the commission is
					 authorized to grant relief.
"Planning commission" means the planning commissions of the
					 various counties, including the city and county of Honolulu.
"Presiding officer" means any commissioner or a hearings
					 officer duly designated as such. Unless otherwise designated, the chairperson
					 shall be the presiding officer.
"Proceeding" means any matter brought before the commission
					 over which the commission has jurisdiction and shall include, but not be
					 limited to:
(1) Petitions for district boundary amendment;
(2) Petitions for special permit;
(3) Proceedings for the adoption, amendment, or repeal of
					 rules under sections
					 91-3
					 and
					 205-7,
					 HRS;
(4) Petitions for declaratory orders under section
					 91-8,
					 HRS;
(5) An investigation or review instituted or requested to
					 be initiated by the commission; and
(6) All other matters in the administration of chapter
					 205, HRS.
"Proper filing," as applied in section
					 205-4,
					 HRS, means after a petition for district boundary amendment has been filed with
					 the chief clerk, and the executive officer has made a determination that the
					 petition conforms to the requirements of section 15-15-50 and accepts the
					 petition for processing.
"Public records" means the same as "government records" as
					 defined in chapter
					 92F, HRS.
"Public institution or building" means any institution or
					 building being used by a federal, state, or county agency for a public
					 purpose.
"Respondent" means a person subject to any statute, rule,
					 or order administered by the commission and upon whom an order or notice is
					 issued by the commission instituting an agency hearing to show cause.
"Shoreline" means the same as in section
					 205A-1, HRS.
"Single-family dwelling" means a dwelling occupied
					 exclusively by one family.
"State" means the State of Hawaii.
"Structure" means a constructed or erected material or
					 combination of materials, which requires location on the ground, including, but
					 not limited to, buildings, radio towers, sheds, storage bins, fences, and
					 signs.
"Unauthorized ex parte communication" means private
					 communications or arguments with members of the commission, or its hearings
					 officer as to the merits of a proceeding with a view towards influencing the
					 outcome of the petition or proceeding.