reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-34 - Motions

Current through June, 2024
(a) All motions other than those made during
				  a hearing shall be made in writing, shall state the relief sought, and shall be
				  accompanied by an affidavit, or declaration, or memorandum setting forth the
				  grounds upon which they are based. The presiding officer shall set the time for
				  filing all motions and opposing memoranda, if any.
(b) Copies of all motions, affidavits,
				  declarations, and memoranda shall be served on all other parties to the hearing
				  within the time set by the presiding officer. The original shall be filed with
				  the board with certificate of service.
(c) Failure to serve or file an affidavit,
				  declaration, or memorandum in opposition to a motion or failure to appear at
				  the hearing on the motion, if held, 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 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-36 - Prehearing conference; 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, 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 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-37 - Ex parte (single party) communications

Current through June, 2024
(a) No party or
				  person petitioning to be a party in a contested case, nor the party's or such
				  person's to a proceeding before the board nor their employees, representatives
				  or agents shall make an unauthorized Ex parte communication either oral or
				  written concerning the contested case to the presiding officer or any member of
				  the 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 board member is authorized by the board to
				  dispose of on ex parte basis.
(2)
				  Requests for information with respect to the procedural status of a
				  proceeding.
(3) Those which all
				  parties to the proceeding agree or which the board has formally ruled may be
				  made on an ex parte basis.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-38 - Decisions and orders

Current through June, 2024
(a) After all
				  evidence has been taken, the parties may submit, within the time set by the
				  presiding officer, a proposed decision and order which shall include proposed
				  findings of facts and conclusions of law. 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 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 parties have
				  had an opportunity to file objections and exceptions, if applicable, to file
				  briefs and to present oral argument as may have been permitted, the board shall
				  render its findings of fact, conclusions of law and decision and order
				  approving the application, denying the application, or modifying the
				  application by imposing conditions. The vote of each member shall be recorded.
				  Upon agreement by the parties, the provisions of section
				  91-11,
				  HRS, concerning the examination of evidence and proposed decision, may be
				  waived pursuant to section
				  91-9(d),
				  HRS.
(c) Every decision and order
				  adverse to a party to the proceeding, rendered by the 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 board shall incorporate in
				  its decision a ruling upon the proposed findings so presented.
(d) Decisions and orders shall be served by
				  mailing certified copies thereof to each party at the party's address of
				  record. When service is not accomplished by mail, it may be effected by
				  personal delivery of a certified copy. When a party to a contested case has
				  appeared by a representative or by counsel, 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 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-39 - Reconsideration

Current through June, 2024
(a) Upon a motion of a party, the board may
				  reconsider a decision it has made on the merits only if the party can show
				  that:
(1) New information not previously
				  available would affect the result; or
(2) A substantial injustice would
				  occur.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARING OFFICER › Section 13-1-41 - Recommendation of hearing officer

Current through June, 2024
(a) Upon completion
				  of taking of evidence, the hearing officer may ask the parties to submit a
				  document entitled "proposed findings of fact, conclusions of law, and decision
				  and order." Proposed decision and orders submitted shall be served upon each
				  party to the proceedings and an opportunity given to each party to comment
				  thereon. If requested, and upon receipt of the proposed decision and orders and
				  any comments from the parties, the hearing officer shall prepare a report
				  setting forth proposed findings of fact, conclusions of law, and the reasons
				  therefore, and a recommended order, and shall present the report of the
				  proceeding to the board.
(b) The
				  record shall include the petition, notice of hearing motions, rulings, orders,
				  transcript of the hearing, stipulations, documentary evidence, proposed
				  findings, or other documents submitted by the parties, objections to the
				  conduct of the hearing, the report of the hearing officer, and all other
				  matters placed in evidence.
(c) The
				  hearing officer shall cause a copy of the report to be served upon all parties
				  to the proceedings.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARING OFFICER › Section 13-1-42 - Exception to the hearing officer's report and recommendations

Current through June, 2024
(a) Except as otherwise ordered by the
				  chairperson, within twenty-one calendar days after service of the report and
				  recommendations by the hearing officer, a party may file with the board,
				  exceptions to the report together with a brief in support of such exceptions.
				  Such party shall serve copies of exceptions and briefs upon each party to the
				  proceeding.
(b) The exceptions
				  shall:
(1) Set forth specifically the
				  questions of procedure, fact, law, or policy, to which exceptions are
				  taken;
(2) Identify that part of
				  the hearing officer's report and recommended order to which objections are
				  made; and
(3) State all the grounds
				  for exceptions to a ruling, finding, conclusion, or recommendation. The grounds
				  not cited or specifically urged are waived.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARING OFFICER › Section 13-1-43 - Support of hearing officer's report and recommendations

Current through June, 2024
(a)
				  Except as otherwise ordered by the chairperson, within twenty-one days after
				  service of the exceptions to the hearings officer's report, any party may file
				  with the board a brief in response to the exceptions. Such party shall serve
				  copies of the brief upon each party to the proceeding.
(b) The brief shall:
(1) Answer specifically the points of
				  procedure, fact, law, or policy to which exceptions were taken; and
(2) State the facts and reasons why the
				  report and recommendation should be affirmed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARING OFFICER › Section 13-1-44 - Oral argument before the board

Current through June, 2024
(a) Any party shall
				  be afforded an opportunity to present oral arguments to the board.
(b) The board may direct oral argument on its
				  own motion.
(c) Responding
				  arguments will be allowed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARING OFFICER › Section 13-1-45 - Board action; exceptions

Current through June, 2024
(a) In the event no
				  statement of exceptions is filed, the board may proceed to reverse, modify, or
				  adopt the recommendations of the hearing officer.
(b) Upon the filing of the exceptions and
				  briefs together with the briefs in support, the board may:
(1) Render its decision upon the
				  record;
(2) If oral argument has
				  been held, the board may render its decision after oral argument;
(3) Reopen the docket and take further
				  evidence; or
(4) Make such other
				  disposition of the case that is necessary under the circumstances.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-51 - Purpose of subchapter; statement of policy

Current through June, 2024
This subchapter shall govern the department's practice and
					 procedure relating to the administrative proceedings of civil resource
					 violations of state law and to the assessment of administrative sanctions for
					 such violations. This subchapter shall effectuate and carry out the purposes
					 and policies of chapter 199D, HRS, and shall be construed and interpreted in
					 the manner most favorable to the promotion of justice, expeditious processing
					 and cost-effective resolution in every case involved.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-52 - Definitions

Current through June, 2024
As used in this subchapter, unless otherwise
					 provided:
"Administrative hearing officer" or "hearing officer"
					 means an individual authorized by the board to conduct a contested case hearing
					 or examine a mitigation request pursuant to this subchapter.
"Administrator" means the individual who is responsible
					 for the administration of the civil resource violations system.
"Civil resource violation" means any violation of state
					 laws administered by the department, including statutes, administrative rules,
					 and permit and license terms and conditions, for which an administrative
					 penalty has been prescribed by law.
"Civil resource violations system" or "CRVS" means a
					 system of administrative law proceedings as authorized under chapter
					 §199D, HRS, and further prescribed in this subchapter, for the purpose of
					 processing civil resource violations.
"Conservation and resource enforcement officer" or
					 "officer" means an individual employed with the division of conservation and
					 resource enforcement of the department whose primary duty is the enforcement of
					 title 12, chapters 6D,
					 6E, and
					 6K, HRS, and the rules adopted
					 thereunder within the areas under the jurisdiction of the department.
"Notice of civil resource violation" or "violation notice"
					 is a document issued by the department to a respondent as a notification of a
					 civil resource violation and a citation against the respondent for having
					 committed the violation.
"Respondent" means a person who is charged with having
					 committed a civil resource violation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-53 - Applicability

Current through June, 2024
(a) This subchapter is applicable to all
				  divisions, offices and attached agencies of the department, except as otherwise
				  provided by law, where a notice of civil resource violation has been issued
				  pursuant to chapter 199D, Hawaii Revised Statutes and this
				  subchapter.
(b) Any criminal
				  prosecution against a person shall not preclude the state from imposing
				  administrative sanctions pursuant to this subchapter against the same person
				  for any civil resource violation committed in the same course of
				  conduct.
(c) Any administrative
				  proceeding against a person under this subchapter shall not preclude the state
				  from pursuing a separate criminal prosecution against the same person for a
				  criminal offense committed in the same course of conduct.
(d) For any proceedings instituted under this
				  subchapter against violations of chapter
				  6K, HRS, or any rules adopted
				  thereunder, the Kaho'olawe island reserve commission shall act whenever the
				  board is responsible and authorized to act, and the chairperson of the
				  Kaho'olawe island reserve commission shall act whenever the chairperson of the
				  department is responsible and authorized to act.
(e) For any proceedings instituted under this
				  subchapter against violations of chapter
				  174C, HRS, or any rules adopted
				  thereunder, the commission on water resource management shall act whenever the
				  board is responsible and authorized to act, and the chairperson of the
				  commission on water resource management shall act whenever the chairperson of
				  the department is responsible and authorized to act.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-54 - Jurisdiction

Current through June, 2024
Any violation of state law administered by the department
					 for which an administrative sanction or penalty has been prescribed, including
					 statutes, administrative rules, and permit and license terms and conditions
					 imposed by the board or the department or any attached agencies, may be
					 adjudicated through the civil resource violations system of the department
					 pursuant to this subchapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-55 - Deputy director

Current through June, 2024
Whenever delegated by the chairperson, a deputy director
					 of the department may act on behalf of the chairperson for the purpose of
					 discharging a duty under this subchapter. When acting on behalf of the
					 chairperson for this purpose, a deputy director of the department shall carry
					 the full responsibility and authorization that the board has given to the
					 chairperson.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-56 - The administrator

Current through June, 2024
The chairperson shall appoint an administrator to manage
					 the civil resource violations system of the department under this
					 subchapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-57 - Appointment and removal of administrative hearing officers

Current through June, 2024
Administrative hearing officers serving under this
					 subchapter shall be nominated by the chairperson and appointed by the board at
					 its meetings for a term of up to two years and may be removed with or without
					 cause in the same manner or by expiration of appointment.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-58 - Delegation of final decision making power

Current through June, 2024
(a) The board may
				  delegate to the chairperson or an administrative hearing officer the power to
				  render the final decision in a CRVS contested case.
(b) Whenever the final decision making power
				  is delegated to the chairperson, the chairperson shall only render the final
				  decision after receiving and reviewing the hearing officer's recommendation
				  following a CRVS contested case hearing, and may
(1) Adopt, modify or reverse the hearing
				  officer's recommendation and issue the final decision;
(2) Remand the case to the hearing officer to
				  hold further hearings for the purpose of receiving more evidence; or
(3) Refer the case to the board for
				  disposition.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-59 - Representation

Current through June, 2024
Representation in any proceedings conducted under this
					 subchapter shall be governed by section
					 13-1-10 of this
					 chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-60 - Filing and service

Current through June, 2024
(a) All documents
				  subject to filing under this subchapter shall be filed with the administrator.
				  All filings shall comply with section 13-1-12 of this chapter.
(b) Service of documents shall comply with
				  section 13-1-13.1 of this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-61 - Notice of civil resource violation; issuance, service and amendment

Current through June, 2024
(a) The administrator or a conservation and
				  resource enforcement officer shall have the power to issue a civil citation to
				  any person who is charged with having committed a civil resource
				  violation.
(b) The administrator or
				  a conservation and resource enforcement officer shall have the power to summon
				  such person cited pursuant to subsection (a) above to answer to the violation
				  notice and any citation contained therein, and to submit to administrative
				  proceedings conducted pursuant to this subchapter.
(c) Service of the violation notice may be
				  conducted by any employee of the department or anyone authorized by the
				  administrator, and may be effectuated by one of the following methods:
(1) By personal service on the respondent,
				  with or without the respondent's signature acknowledging the service;
(2) By certified mail, return receipt
				  requested, to the respondent's last known address;
(3) If the respondent is a domestic or
				  foreign corporation or a partnership or other unincorporated association, by
				  delivering a copy of the violation notice to an officer, a managing or general
				  agent or partner, or to any other agent or partner authorized by appointment or
				  by law to receive service of process; or
(4) Where a civil resource violation involves
				  an unattended vehicle or vessel, service may be conducted by a conservation and
				  resource enforcement officer who shall conspicuously affix the violation notice
				  to the vehicle or vessel for the registered owner to receive and
				  answer.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-62 - Notice of civil resource violation; contents

Current through June, 2024
A notice of civil resource violation shall include, at a
					 minimum, the following:
(1) The
				  respondent's name and current address if available;
(2) A statement that the notice is being
				  issued pursuant to chapter 199D, HRS.
(3) A citation of the specific resource
				  violation, including a brief statement of the facts for which the notice is
				  issued and a citation to the law that has been violated;
(4) An assessment of all the administrative
				  sanctions upon the respondent and the governing legal authorities;
(5) A statement of the options provided in
				  section 13-1-64 herein for answering the notice and the procedures necessary to
				  exercise the options;
(6) A summons
				  to the respondent to answer the notice within twenty-one days of the service of
				  the notice;
(7) Name and signature
				  of the officer or official who issues the notice;
(8) Date of the issuance of the
				  notice;
(9) A statement that all
				  citations made and sanctions assessed by the department in the notice are final
				  unless contested by the respondent within twenty-one days of service of the
				  violation notice;
(10) A statement
				  that failure to timely answer the violation notice and comply with all
				  sanctions assessed by the department may result in the entry of a default
				  decision for the department and additional penalty as specified in the
				  violation notice for the past due compliance;
(11) A statement that a request for
				  mitigation without contesting the notice shall be examined and decided by a
				  hearing officer without holding any hearing, and that the hearing officer's
				  decision shall be final and shall not be subject to any administrative or
				  judicial review thereafter;
(12) A
				  statement that any administrative action against the respondent for any civil
				  resource violation shall not preclude the state from pursuing a separate
				  criminal prosecution in a court of law for an offense committed in the same
				  course of conduct; and
(13) A space
				  for the respondent's statement and signature.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-63 - Answer required; noncompliance subject to higher fine

Current through June, 2024
(a)
				  A respondent who receives a violation notice shall, within twenty-one days of
				  the service of the violation notice, answer the notice by a method indicated in
				  the violation notice.
(b) The
				  department may assess a higher administrative fine for a civil resource
				  violation if the violation notice is not answered or any sanctions assessed
				  therein are not complied with by the end of the twenty-one day period or as
				  otherwise required by the department, provided that proper notice of the higher
				  fine has been given pursuant to sections 13-1-61 and 62 herein, and that the
				  total administrative fine shall not exceed the maximum amount allowed by
				  law.
(c) For good cause shown, the
				  administrator may extend the period allowed for answering a violation
				  notice.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-64 - Respondent's options when answering

Current through June, 2024
In an answer to a notice of civil resource violation, the
					 respondent shall choose from one of the following options:
(1) Waive any contest to the notice of civil
				  resource violation, and comply with all the monetary and non-monetary sanctions
				  assessed therein;
(2) Waive any
				  contest to the notice of civil resource violation, but request mitigation of
				  sanctions based on written justifications; or
(3) Contest the notice of civil resource
				  violation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-65 - Counter claim disallowed

Current through June, 2024
Any counterclaim by a respondent against the state, the
					 department, or the officer or official who has issued the violation notice
					 shall be disallowed in an administrative proceeding conducted by the board or a
					 hearing officer.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-66 - Default

Current through June, 2024
(a) When a respondent fails to answer a
				  violation notice within twenty-one days of the violation notice or such further
				  period granted by the administrator, or fails to attend a board hearing or a
				  contested case hearing after proper service of notice, or otherwise fails to
				  defend against a citation of civil resource violation, the respondent shall be
				  deemed to have waived the right to contest the violation notice, and the board
				  or a hearing officer shall enter the respondent's default, and may
(1) Enter a finding of a violation;
(2) Impose any sanctions for the violation
				  not to exceed those that have been assessed in the violation notice;
				  and
(3) Enter a decision by
				  default, which shall be final.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-67 - Proceedings after answer

Current through June, 2024
(a) When a
				  respondent in an answer waives contest to the violation notice and has complied
				  with all sanctions assessed, the administrator shall record a satisfaction of
				  the violation notice and conclude the case.
(b) An answer waiving contest but requesting
				  mitigation shall be adjudicated in accordance with the following procedure:
(1) The administrator shall serve a copy of
				  respondent's answer to the department within ten days of the receipt of
				  respondent's answer.
(2) Upon the
				  receipt of respondent's answer, the department shall have twenty days to file
				  its statement of position, if any, and serve it upon all parties.
(3) The administrator shall assign a hearing
				  officer to examine the mitigating circumstances and decide on the mitigation
				  request.
(4) The hearing officer
				  shall, at a time not later than thirty days after the filing of the
				  department's statement of position or after the twenty-day period allowed for
				  such filing, whichever is earlier, examine and decide on the mitigation
				  request.
(5) The hearing officer
				  shall make a decision without the holding of any hearing or the attendance of
				  any parties or their representatives or any witness, and may rely on the
				  evidence in the record in rendering the decision.
(6) The hearing officer's decision shall
				  include findings of fact and conclusions of law as to the mitigating
				  circumstances, and may Adopt, modify or reverse any sanctions contained in the
				  violation notice.
(7) The
				  administrator shall, within ten days of the hearing officer's decision, serve
				  upon respondent a certified copy of the decision.
(8) A hearing officer's decision on a
				  mitigation request shall be final. No further administrative or judicial review
				  shall be allowed.
(9) When all
				  sanctions imposed by the hearing officer have been complied with, the
				  administrator shall record a satisfaction of decision and conclude the
				  case.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-68 - Record of contested case hearing

Current through June, 2024
(a) The
				  administrator shall retain an audio, video or stenographic record of all
				  proceedings in a CRVS contested case for a period of not less than two years
				  after the case is concluded.
(b)
				  Any party may obtain a certified copy of the audio or video record upon a
				  payment of $10 per copy.
(c) Any
				  party to a proceeding conducted under this subchapter may rely upon the audio
				  or video record in producing a transcript of the proceeding or any part
				  thereof. Unless the transcription is performed and attested by a stenographer
				  certified by the administrator, a transcript produced from the audio or video
				  record shall be deemed unofficial and shall not be considered as part of the
				  record. A citation of an unofficial transcript in a subsequent proceeding
				  conducted under this chapter shall be admissible, subject to any challenges by
				  other parties and the authentication by the administrator.
(d) A hearing officer may grant a motion for
				  stenographic recording of a proceeding conducted under this subchapter,
				  provided that the cost shall be borne by the proposing party or allocated among
				  parties by the hearing officer, and a deposit of $200 for the stenographer's
				  service shall be tendered to the administrator at the time when the motion is
				  granted.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-69 - Final decision making procedure when power delegated

Current through June, 2024
(a)
				  Notwithstanding provisions in subchapter
				  6, the procedure provided in this
				  section shall apply when the final decision power is delegated to the
				  chairperson or a hearing officer pursuant to section 13-1-58 of this
				  subchapter.
(b) After all evidence
				  has been taken, the parties may submit, within the time set by the chairperson
				  or hearing officer, a proposed decision and order which shall include proposed
				  findings of fact and conclusions of law.
(c) Within the time established by law, if
				  any, or within a reasonable time after the parties have had an opportunity to
				  file objections, if applicable, to file briefs and to present oral argument as
				  may have been permitted, the chairperson or hearing officer shall render its
				  findings of fact, conclusions of law, and decision and order.
(d) Every decision and order adverse to a
				  party to the proceeding, rendered by the chairperson or a hearing officer,
				  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, a separate ruling on each shall
				  be incorporated in the decision rendered by the chairperson or hearing
				  officer.
(e) Decisions and orders
				  shall be served by mailing certified copies thereof to each party at the
				  party's address of record or by personal delivery of a certified copy. When a
				  party to a contested case has appeared by a representative or by counsel,
				  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 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-71 - Determination of a repeat violator

Current through June, 2024
For the purpose of assessing administrative fines and
					 other sanctions on a civil resource violation, a prior criminal or
					 administrative citation shall not subject the same person to being determined
					 as a repeat violator unless a final judgment or administrative decision on the
					 prior citation has been entered by a judge, the board, the chairperson or a
					 hearing officer with a finding and conclusion of a violation of a state law
					 administered by the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-72 - Enforcement and stay of a final decision

Current through June, 2024
(a) Unless
				  otherwise stated in a final decision, all administrative fines, other monetary
				  assessments and non-monetary sanctions shall be due within thirty days of the
				  service of the final decision imposing such fines and sanctions.
(b) Unless otherwise decided by the board,
				  upon request filed by a party, the chairperson may stay enforcement of a final
				  decision pending a judicial review of the case. The chairperson's decision as
				  to the request for stay is final.
(c) The department is authorized to take any
				  legal action to collect any overdue monetary sanctions or enforce any overdue
				  non-monetary sanctions imposed in an administrative proceeding under this
				  subchapter, or may refer the case to the attorney general for such an
				  action.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 3 - WILDERNESS PRESERVE › Section 13-3-1 - Purpose

Current through June, 2024
For the purposes of preserving, and conserving all manner of
				  flora and fauna, the board of land and natural resources hereby establishes a
				  policy of setting aside selected parcels of land under its control as
				  wilderness preserves.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 3 - WILDERNESS PRESERVE › Section 13-3-2 - Alakai wilderness preserve

Current through June, 2024
(a) The area shown
				on the map entitled "Alakai Wilderness Preserve", June 30, 1981, attached at
				the end of this chapter, is hereby declared a wilderness preserve, and shall be
				known henceforth as the Alakai wilderness preserve.
(b) In addition to the provisions of chapter
				104, Title 13, Administrative Rules and other applicable rules of the board,
				the following restrictions shall also apply to the Alakai wilderness preserve:
(1) The introduction of lantana
(Lantana camara)
, black wattle
(Acacia
				decurrens)
, firetree
(Myrica faya)
,
				blackberry
(Rubus penetrans)
, or any plants or animals
				deemed objectionable by the board is prohibited;
(2) Mining, grazing of horses, cattle, or any
				other domestic animal is prohibited:
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Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 13-5-1 - Purpose

Current through June, 2024
The purpose of this chapter is to regulate land-use in the
					 conservation district for the purpose of conserving, protecting, and preserving
					 the important natural resources of the State through appropriate management and
					 use to promote their long-term sustainability and the public health, safety,
					 and welfare.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 13-5-3 - Appeals

Current through June, 2024
Any final order of the department based upon this chapter
					 may be appealed to the circuit court of the circuit in which the land in
					 question is found.
See chapter
						91, Hawaii Revised Statutes and Hawaii
						Rules of Civil Procedure.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 13-5-4 - Mediation

Current through June, 2024
Upon receipt of a request or on the board's own
					 initiative, the board may request that the petitioner and any affected persons
					 identified as necessary to the resolution of the dispute to participate in
					 mediation. Participation by the parties shall be voluntary. All requests
					 dealing with the same subject matter shall be consolidated in a single
					 mediation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 13-5-5 - Amendments

Current through June, 2024
(a) Whenever any landowner or government
				  agency whose property is directly affected by this chapter makes an application
				  to change the boundaries or identified land uses of any subzone, rezone a
				  subzone, establish a new subzone with certain identified land uses or when a
				  person seeks to otherwise amend this chapter, or where the board proposes to
				  make a change or changes itself, such change or changes shall be put in the
				  form of a proposed amendment of this chapter by the applicant, complete with
				  necessary maps, four copies of which shall be filed with the board.
(b) Procedures for amending this chapter are
				  prescribed in section
				  183C-4, Hawaii
				  Revised Statutes, as amended and chapter 13-1, subpart 3.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 13-5-6 - Penalty

Current through June, 2024
(a) Any person, firm, government agency, or
				  corporation violating any of the provisions of this chapter or permits issued
				  pursuant thereto shall be punished as provided in chapter
				  183C, HRS.
(b) The board may delegate to the department
				  or a hearing officer the authority to adjudicate violations of the provisions
				  of this chapter or any permit issued pursuant thereto.
(c) No permit shall be processed by the
				  department until any violations pending against the subject parcel are
				  resolved.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 13-5-7 - Nonconforming uses and structures

Current through June, 2024
(a) This chapter
				  shall not prohibit the continuance, or repair and maintenance, of nonconforming
				  land uses and structures as defined in this chapter.
(b) Any land identified as a kuleana may be
				  put to those uses which were historically, customarily, and actually found on
				  the particular lot including, if applicable, a single family
				  residence.
(c) The repair of
				  structures shall be subject to development standards set forth in this chapter,
				  and other requirements as applicable, including but not limited to a county
				  building permit, shoreline setback, and shoreline certification.
(d) If a nonconforming structure is damaged
				  or destroyed by any means (including voluntary demolition) to an extent of more
				  than fifty per cent of its replacement cost at the time of destruction, it
				  shall not be reconstructed except in conformity with the provisions of this
				  chapter, except as provided under section 13-5-22 (P-8).
(e) Repairs or maintenance of a nonconforming
				  structure shall not exceed the size, height, or density of the structure which
				  existed on October 1, 1964 or at the time of its inclusion into the
				  conservation district.
(f) The
				  burden of proof to establish that the land use or structure is legally
				  nonconforming shall be on the applicant.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-10 - Subzones; generally

Current through June, 2024
(a) There are
				  hereby established subzones within the conservation district, as listed in
				  Exhibit 1, entitled "Subzone Designations: June 28, 2019", which is located at
				  the end of this chapter and made a part of this section. Subzone designations
				  of conservation district lands are delineated on maps on file with the
				  department.
(b) Lands in the
				  conservation district are classified into one of the following subzones:
(1) Protective;
(2) Limited;
(3) Resource;
(4) General; or
(5) Special.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-11 - Protection (P) subzone

Current through June, 2024
(a) The objective
				  of this subzone is to protect valuable resources in designated areas such as
				  restricted water-sheds, marine, plant, and wildlife sanctuaries, significant
				  historic, archaeological, geological, and volcanological features and sites,
				  and other designated unique areas.
(b) The (P) subzone shall encompass:
(1) Lands and waters necessary for protecting
				  watersheds, water sources, and water supplies;
(2) Lands and waters necessary for the
				  preservation and enhancement of designated historic or archaeological sites and
				  designated sites of unique physiographic significance;
(3) Areas necessary for preserving natural
				  ecosystems of native plants, fish, and wildlife, particularly those which are
				  endangered; and
(4) All land
				  encompassing the Northwestern Hawaiian islands except Midway island.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-12 - Limited (L) subzone

Current through June, 2024
(a) The objective
				  of this subzone is to limit uses where natural conditions suggest constraints
				  on human activities.
(b) The (L)
				  subzone shall encompass:
(1) Land suscetible
				  to floods and soil erosion, land undergoing major erosion damage and requiring
				  corrective attention by the county, state, or federal governments;
				  and
(2) Lands necessary for the
				  protection of the health, safety, and welfare of the public by reason of the
				  land's susceptibility to inundation by tsunami, flooding, volcanic activity or
				  landslides, or which have a general slope of forty percent or more.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-13 - Resource (R) subzone

Current through June, 2024
(a) The objective
				  of this subzone is to develop, with proper management, areas to ensure
				  sustained use of the natural resources of those areas.
(b) The (R) subzone shall encompass:
(1) Lands necessary for providing future
				  parkland and lands presently used for national, state, county, or private
				  parks;
(2) Lands suitable for
				  growing and harvesting of commercial timber or other forest products;
(3) Lands suitable for outdoor recreational
				  uses such as hunting, fishing, hiking, camping, and picnicking;
(4) Offshore islands of the State of Hawaii,
				  unless placed in a (P) or (L) subzone;
(5) Lands and state marine waters seaward of
				  the upper reaches of the wash of waves, usually evidenced by the edge of
				  vegetation or by the debris left by the wash .of waves on shore to the extent
				  of the State's jurisdiction, unless placed in a (P) or (L) subzone.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-14 - General (G) subzone

Current through June, 2024
(a) The objective
				  of this subzone is to designate open space where specific conservation uses may
				  not be defined, but where urban use would be premature.
(b) The (G) subzone shall encompass:
(1) 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; and
(2) Lands suitable for farming, flower
				  gardening,, operation of nurseries or orchards, grazing; including facilities
				  accessory to these uses when the facilities are compatible with the natural
				  physical environment.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-15 - Special (S) subzone

Current through June, 2024
The objective of this subzone is to provide for sustainable
					 use of areas possessing unique developmental qualities that complement the
					 natural resources of the area. The special subzones are listed in Exhibit 2,
					 entitled "Special Subzones: June 28, 2019", which is located at the end of this
					 chapter and made a part of this section.