reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-15 - Continuance or Extensions of Time

Current through June, 2024
Whenever a person or agency has a right or is required to
					 take action within a period prescribed or allowed by this chapter, the council,
					 upon motion and the concurrence of a majority of all the members to which the
					 council is entitled, may permit the act to be done after expiration of the
					 specified period if the delinquency is clearly shown to have been the result of
					 excusable neglect and the council will still have enough time to comply with
					 applicable statutory time limits.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 6 - Rulemaking › Section 11-201-16 - Initiation of Rulemaking Proceedings

Current through June, 2024
A. The council, at
				  any time on its own motion, may initiate proceedings for the adoption,
				  amendment, or repeal of any rule of the council. Procedures to be followed in
				  rulemaking proceedings shall be set forth in this chapter and applicable
				  law.
B. Any interested person or
				  agency may petition the council for the adoption, amendment, or repeal of any
				  rule of the council. Petitions for rulemaking filed with the council shall
				  become matters of public record.
C.
				  Petitions for rulemaking shall conform to section 11-201-9 and shall contain:
1. The name, address, and telephone number of
				  each petitioner;
2. The signature
				  of each petitioner;
3. A draft or
				  the substance of the proposed adoption or amendment or a designation of the
				  provisions the repeal of which is desired;
4. A statement of the petitioner's interest
				  in the subject matter; and
5. A
				  statement of the reasons in support of the proposed adoption, amendment, or
				  repeal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 6 - Rulemaking › Section 11-201-17 - Notice of Public Hearing

Current through June, 2024
A. When, pursuant
				  to a petition therefor or upon its own motion, the council proposes to adopt,
				  amend, or repeal a rule, a notice of proposed rulemaking shall be published at
				  least once in a newspaper of general circulation in the State and at least once
				  in a newspaper which is printed and issued at least twice a week in the county
				  affected by the proposed action. The notice shall also be mailed to all persons
				  or agencies who have made timely written requests for advance notice of the
				  council's rulemaking proceedings. All notices shall be published at least
				  twenty days prior to the date set for public hearing.
B. A notice of the proposed adoption,
				  amendment, or repeal of a rule shall include:
1. A statement of the date, time, and place
				  where the public hearing will be held;
2. Reference to the authority under which the
				  adoption, amendment, or repeal of a rule is proposed; and
3. A statement of the substance of the
				  proposed rulemaking.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 6 - Rulemaking › Section 11-201-19 - Council Action

Current through June, 2024
The council shall consider all relevant comments and
					 materials of record before taking final action in a rulemaking proceeding.
					 Final action should be taken within twenty working days after:
1. The final public hearing; or
2. The expiration of any extension period for
				  submission of written comments or recommendations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 6 - Rulemaking › Section 11-201-20 - Emergency Rulemaking

Current through June, 2024
The council may adopt emergency rules pursuant to section
					 91-3,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 7 - Declatory Rulings › Section 11-201-21 - Petitions for Declaratory Rulings

Current through June, 2024
A. On petition of
				  an interested person or agency, the council may issue a declaratory order as to
				  the applicability of any statutory provision or any rule or order of the
				  council and may also make determinations under chapter 343, Hawaii Revised
				  Statutes. The petition shall conform to the requirements of section 11-201-9
				  and shall contain:
1. The name, address, and
				  telephone number of each petitioner;
2. The signature of each
				  petitioner;
3. A designation of the
				  specific provision, rule, or order in question, together with a statement of
				  the controversy or uncertainty involved;
4. A statement of the petitioner's interest
				  in the subject matter, including the reasons for submission of the
				  petition;
5. A statement of the
				  petitioner's position or contention; and
6. A memorandum of authorities, containing a
				  full discussion of reasons and legal authorities, in support of the position or
				  contention.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 7 - Declatory Rulings › Section 11-201-22 - Refusal to Issue a Declaratory Order

Current through June, 2024
The council, for good cause, may refuse to issue a
					 declaratory order with specific reasons for the determination. Without limiting
					 the generality of the foregoing, the council may so refuse where:
1. The question is speculative or purely
				  hypothetical and does not involve existing facts, or facts that can be expected
				  to exist in the near future;
2. The
				  petitioner's interest is not of the type that would give the petitioner
				  standing to maintain an action if judicial relief is sought;
3. The issuance of the declaratory order may
				  affect the interests of the council in a litigation that is pending or may
				  reasonably be expected to arise; and
4. The matter is not within the jurisdiction
				  of the council.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 7 - Declatory Rulings › Section 11-201-23 - Request for Hearing

Current through June, 2024
Although in the usual course of disposition of a petition
					 for a declaratory ruling no formal hearing shall be granted to the petitioner
					 or to a party in interest, the council may order the proceeding set down for
					 hearing. Any petitioner or party in interest who desires a hearing on a
					 petition for a declaratory ruling shall set forth in detail in the request the
					 reasons, together with supporting affidavits or other written evidence and
					 briefs or memoranda of legal authorities, why the matters alleged in the
					 petition will not permit the fair and expeditious disposition of the petition.
					 To the extent that the request for a hearing is dependent upon factual
					 assertion, the request shall be accompanied by affidavits establishing these
					 facts. In the event a hearing is ordered by the council, chapter 91, Hawaii
					 Revised Statutes, shall govern the proceedings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 7 - Declatory Rulings › Section 11-201-24 - Applicability of Order

Current through June, 2024
An order disposing of a petition shall apply only to the
					 factual situation described in the petition or set forth in the
					 order.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 7 - Declatory Rulings › Section 11-201-25 - Declaratory Ruling on Council's Own Motion

Current through June, 2024
Notwithstanding this chapter, the council, on its own
					 motion or upon request but without notice or hearing, may issue a declaratory
					 order to terminate a controversy or to remove uncertainty.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 8 - Appeals › Section 11-201-26 - Filing of Appeal

Current through June, 2024
A. An appellant,
				  within sixty calendar days after non-acceptance of the environmental impact
				  statement by an agency, may file an appeal with the council against the agency,
				  charging that the agency has improperly determined that the statement is not
				  acceptable. A copy of the appeal with accompanying documents shall also be sent
				  to the respondent.
B. A document
				  filed by an appellant initiating an appeal to the council shall be accompanied
				  by a nonrefundable fee of $50 to partially cover publication and administrative
				  costs.
C. The appeal shall conform
				  to the requirements of section 11-201-9. The appeal shall contain:
1. A list of the persons who are proposing
				  the action;
2. A copy of the
				  environmental impact statement submitted by the appellant to the agency and a
				  copy of the subsequent revised statement, if any;
3. A copy of the comments and other
				  communications received during the review of the statement that are pertinent
				  to the issues involved in the complaint;
4. A copy of the findings and reasons
				  submitted by the agency to the appellant in support of its determination of
				  non-acceptance; and
5. A concise
				  memorandum setting forth the facts and law in support of the appeal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 8 - Appeals › Section 11-201-27 - Filing of Response to Appeal

Current through June, 2024
At least five working days before the date set for hearing
					 on an appeal, the respondent shall file with the council a concise memorandum
					 setting forth the facts and law in support of its determination to not accept
					 the appellant's environmental impact statement.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 8 - Appeals › Section 11-201-28 - Appeal Hearings; Generally

Current through June, 2024
A. An appeal shall
				  be conducted as a contested case under chapter 91, Hawaii Revised Statutes. The
				  council, upon receipt of an appeal, shall order the matter set for hearing. A
				  notice of hearing shall be served at least fifteen days before the hearing upon
				  the appellant and the respondent agency.
B. Appeals shall be heard before the council
				  or a hearing officer duly appointed by the council. A hearing officer shall be
				  appointed at least fifteen days prior to the hearing and notice shall be given
				  to all parties at that time.
C.
				  When a proceeding is conducted before the council itself, the proceeding shall
				  be presided over by the chairperson of the council or, in the chairperson's
				  absence, by another member designated by the council.
D. The presiding officer at a proceeding
				  shall have authority to:
1. Control the
				  course of the hearing;
2. Hold
				  conferences open to the public on which they have had notice, for the
				  settlement or simplification of issues;
3. Administer oaths and
				  affirmations;
4. Grant application
				  for and issue subpoenas;
5. Take or
				  cause deposition to be taken;
6.
				  Rule upon offers of proof and receive relevant evidence;
7. Limit lines of questioning or testimony
				  that are irrelevant, immaterial, or repetitious;
8. Rule upon all objections, procedural
				  requests, and motions that do not involve final determination of
				  proceedings;
9. Dispose of any
				  other matter that normally and properly arises in the course of the proceeding;
				  and
10. Take all other actions
				  authorized by chapter 343, Hawaii Revised Statutes, rules, or by any other
				  statute, that are deemed necessary to the orderly and just conduct of the
				  hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 8 - Appeals › Section 11-201-29 - Appeal Hearings; Witnesses

Current through June, 2024
A. Subpoenas
				  requiring the attendance of witnesses or the production of documentary evidence
				  from any place within the State of Hawaii at any designated place of hearing
				  may be issued by the presiding officer or any designated member of the council
				  or by the hearing officer. Application for subpoenas shall be made in writing
				  to the council or hearing officer. The application shall specify the particular
				  documents or data desired and shall show their relevancy to the issues
				  involved. Application shall be made at least three days prior to the hearing.
				  If application is made at a later time, the council may, in its discretion,
				  issue subpoenas or continue the hearing or any part thereof. Enforcement of
				  obedience to subpoenas issued by the presiding officer or any designated member
				  of the council or by the hearing officer and served pursuant to this chapter
				  shall be effected by written application of any member of the council to any
				  circuit judge.
B. Witnesses
				  summoned shall be paid the same fees and mileage as are paid witnesses in
				  circuit courts of the State of Hawaii and those fees and mileage shall be paid
				  by the party at whose instance the witnesses appear. Fees for the depositions
				  shall be paid by the party at whose request the depositions are
				  taken.
C. Witnesses shall be placed
				  under oath or affirmation prior to testifying.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-1 - Purpose and scope

Current through June, 2024
The purpose of this chapter is to establish rules of
					 practice and procedures which shall govern procedures for the disability and
					 communication access board in reviewing construction documents in accordance
					 with section
					 103-50/
					 HRS. These rules shall be construed to secure the just and speedy determination
					 of every proceeding authorized by law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-3 - Disability and communication access board

Current through June, 2024
(a) The office of
				  the board is at Honolulu, Hawaii. All communications applicable to this chapter
				  shall be addressed to the chairperson of the board, Honolulu, Hawaii, unless
				  otherwise specifically directed.
(b) For purposes of this chapter, the regular
				  office hours of the board shall be from 7:45 a.m. to 4:30 p.m., Monday through
				  Friday, inclusive, except holidays, unless otherwise provided by statute or
				  executive order.
(c) All documents
				  required to be submitted or filed herein shall be filed with the office of the
				  board at Honolulu, Hawaii, unless specifically directed otherwise and within
				  such time limits as prescribed by these rules or by order of the board.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-4 - Requirements for accessibility to public buildings, facilities, and sites - general

Current through June, 2024
(a) The
				  construction of all public buildings, facilities, and sites by the State or
				  county or on behalf of the State or any county subject to this chapter, shall
				  be prepared so the buildings, facilities, and sites are readily accessible to
				  and usable by persons with disabilities.
(b) Readily accessible to and usable by
				  people with disabilities means compliance with the Americans with Disabilities
				  Act Accessibility Guidelines (ADAAG), and the Fair Housing Amendments Act
				  Accessibility Guidelines, as adopted and amended by the disability and
				  communication access board.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-4.1 - Governing standards

Current through June, 2024
Subject to amendment by the board or site specific
					 alternate design granted by the board, the Americans with Disabilities Act
					 Accessibility Guidelines/ Title 36 Code of Federal Regulations Part 1191, as
					 they existed on July 23, 2004, and the Fair Housing Amendments Act
					 Accessibility Guidelines, Title 24 Code of Federal Regulations Part 100,
					 Subpart D, are hereby adopted as the standards governing all plans and
					 specifications for the construction of public buildings, facilities, and sites
					 by the State or any county, or on behalf of the State or any county, and are
					 made a part of this chapter. The board may also establish guidelines for design
					 specifications not covered in the Americans with Disabilities Act Accessibility
					 Guidelines, or the Fair Housing Amendments Act Accessibility
					 Guidelines.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-4.5 - Requirements for accessibility to multifamily dwelling units required by the Fair Housing Amendments Act

Current through June, 2024
(a) These design
				  guidelines apply to the design and construction requirements of Title 24 Code
				  of Federal Regulations Part 100, Subpart D. Compliance with these guidelines do
				  not relieve persons from complying with design requirements of the Americans
				  with Disabilities Act Accessibility Guidelines (ADAAG) as adopted and amended
				  by the disability and communication access board.
(b) All covered multifamily dwellings with a
				  building entrance on an accessible route shall be designed and constructed in
				  such a manner that:
(1) The public and common
				  use areas are readily accessible to and usable by persons with
				  disabilities;
(2) All doors
				  designed to allow passage into and within all premises are sufficiently wide to
				  allow passage by persons with disabilities in wheelchairs; and
(3) All premises within covered multifamily
				  dwelling units contain the following features of adaptable design:
(A) An accessible route into and through the
				  covered dwelling unit;
(B) Light
				  switches, electrical outlets, thermostats, and other environmental controls in
				  accessible locations;
(C)
				  Reinforcement in bathroom walls to allow later installation of grab bars around
				  a toilet, tub, shower, and stall and shower seat, where such facilities are
				  provided; and
(D) Usable kitchens
				  and bathrooms such that an individual in a wheelchair can maneuver about the
				  space.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-5 - Requirements for accessibility to public buildings, facilities, and sites - new construction

Current through June, 2024
(a) All areas of
				  newly designed or newly constructed public buildings, facilities, and sites
				  shall comply with this chapter.
(b)
				  Where a public building, facility, or site contains more than one use, each
				  portion shall comply with the applicable requirements for that use.
(c) Full compliance with the requirements of
				  this chapter is not required when an entity can demonstrate that it is
				  structurally impracticable to meet the requirements. Full compliance will be
				  considered structurally impracticable only in those rare circumstances when the
				  unique characteristics of terrain prevent the incorporation of accessibility
				  features.
(d) If full compliance
				  with this chapter would be structurally impracticable, compliance with this
				  chapter is required to the extent that it is not structurally impracticable. In
				  that case, any portion of the facility that can be made accessible shall be
				  made accessible to the extent that it is not structurally impracticable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-6 - Requirements for accessibility to public buildings, facilities, and sites - additions and alterations

Current through June, 2024
(a) Additions and
				  alterations to existing public buildings, facilities, and sites, including
				  qualified historic public buildings, facilities, and sites, shall comply with
				  this chapter.
(b) Each addition to
				  an existing public building, facility, or site shall comply with the
				  requirements for new construction.
(c) Where existing elements or spaces are
				  altered, each altered element or space shall comply with the applicable
				  requirements.
(d) In alterations,
				  where compliance with applicable requirements is technically infeasible, the
				  alteration shall comply with the requirements to the maximum extent
				  feasible.
(e) An alteration that
				  decreases or has the effect of decreasing the accessibility of a public
				  building, facility, or site below the requirements for new construction at the
				  time of alteration is prohibited.
(f) An alteration of an existing element,
				  space, or area of a public building, facility, or site shall not impose a
				  requirement for accessibility greater than required for new
				  construction.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-7 - Coordination with other agencies

Current through June, 2024
(a) All departments
				  or agencies of the state or county shall seek the advice and recommendations
				  from the disability and communication access board on all construction
				  documents to ensure conformance with the accessibility guidelines as required
				  by this chapter.
(b) Each state or
				  county department or agency shall submit the latest construction documents
				  which have been produced to the board for review.
(c) A transmittal of the construction
				  documents shall contain, at a minimum, project name, project number (if
				  assigned), name of project coordinator, project consultant, and department or
				  agency responsible for the project.
(d) When submitting construction documents,
				  the department or agency shall identify the project phase and type. Project
				  phase shall be noted as, but not limited to, preliminary, prefinal, or final.
				  Project type shall be noted as, but not limited to, new construction,
				  alteration, addition, or a barrier removal project.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-7.1 - Obtaining necessary information

Current through June, 2024
(a) The board may,
				  in its discretion or upon the application of any interested person or an agency
				  of the state or county government hold such proceedings as it may deem
				  necessary for the purpose of obtaining information necessary or helpful in its
				  rules, regulations, design specifications, and interpretive opinions.
(b) Procedures to be followed by the board
				  shall, unless specifically prescribed in this chapter, be such as in the
				  opinion of the board will best serve the purposes of such proceedings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-7.2 - Public notices

Current through June, 2024
(a) When an
				  applicant for a site specific alternate design or similar action has an
				  application pending before the board, the board may require the applicant to
				  pay all costs related to the processing of said application. Costs may include
				  processing fees, proceeding costs and costs related to publishing the required
				  public notices.
(b) When a public
				  notice is required, and the board had determined that the applicant shall pay
				  all fees assessed for publishing legal notices, payment shall be made directly
				  to the newspaper publishing said notice.
(c) The public notice shall appear in a
				  newspaper of general circulation in the county in which the activity is
				  proposed.
(d) The public notice
				  shall include at least the following:
(1)
				  Name, address and phone number of the agency issuing the public
				  notice;
(2) Name and address of
				  each applicant;
(3) Brief
				  description of the activities or operations at the location of the proposed
				  site specific alternate design;
(4)
				  A brief description of the procedures for the formulation of final
				  determinations, including the specified comment period and other means by which
				  interested persons may comment upon those determinations; and
(5) Address and phone of the agency premises
				  at which interested persons may obtain further information and may inspect a
				  copy of the application and related materials.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-8 - Public information

Current through June, 2024
(a) Unless
				  Otherwise provided for by statute, these rules, or order of the board members,
				  all information contained in any submittal, petition, statement,
				  recommendation, report, map, brief memorandum or other document filed with the
				  board shall be available for inspection by the public after a written report
				  has been issued.
(b) When permitted
				  or authorized by the board, matters of public record may be inspected in the
				  offices of the board in Honolulu during regular office hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 11-216-9 - Severability

Current through June, 2024
If any provision of this chapter, or the application
					 thereof to any person or circumstance is for any reason held to be invalid, the
					 invalidity shall not affect other provisions or applications of this chapter
					 which can be given effect without the invalid provision or application, and to
					 this end the provisions of this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PROCEDURES FOR REVIEW OF DOCUMENTS › Section 11-216-15 - Filing of documents

Current through June, 2024
(a) All
				  construction documents submitted to the board for review shall be filed with
				  the appropriate review fee at the board office during regular office hours.
				  Construction documents with the appropriate review fee may be sent by mail or
				  hand-carried to the board in Honolulu, Hawaii.
(b) All construction documents shall be filed
				  with the board unless otherwise directed by the board.
(c) The transmittal or cover letter that
				  accompanies the construction documents submitted for review shall be signed in
				  indelible ink by the project manager having jurisdiction over the project. The
				  signature of the person signing the document indicates that the person has read
				  or reviewed the construction documents; that to the best to his or her
				  knowledge, every statement contained in the documents, and any subsequent
				  documents to be submitted for review are true; and that no such statements are
				  misleading.
(d) Every document
				  filed by any person or office with the board shall state on the transmittal or
				  cover letter the name and mailing address of the department or agency and the
				  name of the person who is requesting a document review from the
				  board.
(e) Construction documents
				  received by the board shall be date-stamped by the board staff.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PROCEDURES FOR REVIEW OF DOCUMENTS › Section 11-216-15.5 - Review fees

Current through June, 2024
(a) The review fee for construction documents
				  filed with the board on or after January 1, 2013 shall be four-tenths of one
				  percent for the first $500,000 of the estimated construction cost plus
				  two-tenths of one percent of the estimated construction costs greater than
				  $500,000 up to and including $2,000,000 plus two one-hundredths of one percent
				  of the estimated construction costs over $2,000,000 except as follows:
(1) The minimum review fee for construction
				  documents subject to accessibility guidelines under section
				  103-50,
				  HRS shall be $200;
(2) The
				  disability and communication access board may limit the maximum review fee for
				  construction documents of infrastructure projects or projects managed by
				  private nonprofit entities to $3,000; and
(3) There shall be a $50 review fee for
				  projects with constructions documents that do not reflect any elements subject
				  to accessibility guidelines under section
				  103-50,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PROCEDURES FOR REVIEW OF DOCUMENTS › Section 11-216-16 - Review of documents

Current through June, 2024
The board staff shall review all construction documents
					 filed with the board for each project subject to section
					 103-50,
					 HRS, and shall prepare a written report listing items in the construction
					 documents that do not conform to the accessibility
					 guidelines,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PROCEDURES FOR REVIEW OF DOCUMENTS › Section 11-216-17 - Requests for approval of site specific alternate design

Current through June, 2024
(a)
				  If an applicant submits a design that departs from the minimum requirements for
				  accessibility as specified in the accessibility guidelines, the submitted
				  design shall provide equal or greater accessibility. As required by this
				  chapter, an applicant shall submit in writing a request for approval of a site
				  specific alternate design to the board for any design that the applicant claims
				  will provide equal or greater accessibility than that provided by the
				  accessibility guidelines. The board may approve or disapprove the request for a
				  site specific alternate design for any design that departs from the minimum
				  requirements for accessibility and is claimed will provide equal or greater
				  accessibility.
(b) The board staff
				  may provide comments to a site specific alternate design request during public
				  hearings held by board.
(c) Any
				  final decision made by the board concerning a site specific alternate design
				  shall be binding upon all subsequent document reviews.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PROCEDURES FOR REVIEW OF DOCUMENTS › Section 11-216-18 - Requests for interpretive opinion

Current through June, 2024
(a) If, during
				  document review the applicant or board staff finds that a clarification of a
				  portion of the accessibility guidelines is necessary, the applicant or board
				  staff shall submit in writing a request for an interpretive opinion to the
				  board as required by this chapter.
(b) Any final decision made by the board
				  concerning an interpretive opinion shall be binding upon all subsequent
				  document reviews.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PROCEDURES FOR REVIEW OF DOCUMENTS › Section 11-216-19 - Written report

Current through June, 2024
(a) The staff shall
				  forward the document review report with the project's construction documents to
				  the department or agency project manager or design consultant that originated
				  the submittal.
(b) The written
				  report shall list the title and date of the construction plan, specification,
				  or other documents which were analyzed for the report. The written report shall
				  indicate all discrepancies on the construction documents that does not appear
				  to meet the minimum requirements for accessibility.
(c) Resubmittals to the board office for
				  review shall include construction documents that reflect all changes,
				  amendments, and other substantiating evidence in the construction documents
				  that indicate all discrepancies have been addressed. The staff shall prepare an
				  updated written report upon resubmission of construction documents.
(d) Construction documents that show no
				  discrepancies to the accessibility guidelines shall be indicated as such in the
				  written report with a statement indicating that the documents reviewed appear
				  to meet all accessibility requirements as noted. The state or county department
				  or agency overseeing the project shall be responsible for compliance with the
				  document review report.
(e)
				  Construction documents, which indicate that accessibility guidelines do not
				  apply, shall be returned indicating this in the document review
				  report.
(f) A statement from the
				  department and project consultant shall substantiate document review reports in
				  which technical infeasibility, structural impracticability, or historic
				  preservation may apply. The statement shall indicate why conformance with the
				  requirements for accessibility is technically infeasible, structurally
				  impracticable, or historic. Both the design consultant and the department or
				  agency director or their designees shall sign the substantiating
				  statement.
(g) Written reports
				  shall contain the date of review and the signature of the board staff member
				  who reviewed the construction documents.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PROCEDURES FOR REVIEW OF DOCUMENTS › Section 11-216-20 - Retention of documents by board

Current through June, 2024
(a) All written
				  documentation filed with or presented to the board regarding a specific project
				  shall be retained in the files of the board until the board orders
				  otherwise.
(b) Documentation shall
				  include, but is not limited to, written reports, site survey reports, technical
				  assistance, and other correspondence, and shall, over a period of time, reflect
				  all significant interactions, decisions, opinions, and meetings between the
				  board and all relevant parties concerning a specific project.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-42 - Scope

Current through June, 2024
Any interested person may file a request for an
					 interpretive opinion as to the applicability of any provision administered by
					 the board or of any rule, order, or design specification of the
					 board.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-43 - Form of request

Current through June, 2024
All requests for an interpretive opinion shall be in
					 writing and shall include:
(1) The
				  requester's name, mailing address, and telephone number;
(2) The requester's signature or the
				  signature of the requester's authorized representative or attorney;
(3) A designation of the specific provision,
				  rule, design guideline, or order in question, together with a statement of the
				  controversy or uncertainty involved;
(4) A statement of the requester's interest
				  in the subject matter, including the reason or reasons for submission of the
				  request;
(5) A statement of the
				  requester's position or contention; and
(6) A memorandum of authorities containing a
				  full discussion of reasons and legal authorities in support of the requester's
				  position or contention.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-44 - Filing of request

Current through June, 2024
The requester shall file the request for an interpretive
					 opinion to the board's office.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-45 - Computation of time

Current through June, 2024
(a) Within sixty
				  calendar days after the request is filed, the board shall:
(1) File a written ruling denying the request
				  and stating the board's reason or reasons for the denial,
(2) Initiate proceedings as provided under
				  this chapter, or
(3) Notify the
				  petitioner of action to extend to allow time for full consideration.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-46 - Review by facility access unit

Current through June, 2024
The facility access unit shall review every petition
					 requesting an interpretive opinion. A petition requesting an interpretive
					 opinion may be submitted directly to the board. Submission of a petition
					 directly to the board does not preclude review by the facility access
					 unit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-47 - Dismissal of request

Current through June, 2024
The board may dismiss any request for an interpretive
					 opinion which fails to comply with the requirement of §
										11-216-43 of these
					 rules.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-48 - written notice of request

Current through June, 2024
At the board's discretion and upon written notice to the
					 requester, the board may provide written notification of the request for an
					 interpretive opinion to any person or persons for review and recommendations on
					 the request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-49 - Commencement

Current through June, 2024
A proceeding may be commenced by the board in its own
					 discretion or upon the application of any interested person when the processing
					 of such application necessitates such a proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-50 - Proceeding on request

Current through June, 2024
At its discretion, the board may hold an informal
					 proceeding or a public proceeding on the request before the board files its
					 written ruling on the request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-51 - Docket

Current through June, 2024
The presiding officer or his or her designee shall maintain
					 a docket of all requested interpretive opinions and each request shall be
					 assigned a number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-52 - Appearance before the board

Current through June, 2024
(a) An individual
				  may appear in their own behalf, and an officer or employee of an agency of the
				  State or a political subdivision of the State may represent such agency in any
				  proceeding before the board.
(b) A
				  person may be represented by or with counsel in any proceeding under these
				  rules.
(c) A person shall not be
				  represented in any proceeding except as stated in subsections (a) and (b) of
				  this section.
(d) When an
				  individual acting in a representative capacity appears in person before the
				  board, the personal appearance or signature shall constitute a representation
				  to the board that under the provisions of these rules and the law, that the
				  individual is authorized and qualified to represent the particular person or
				  agency who is represented. The board may at any time require any person acting
				  in a representative capacity to show proof of the authority and qualification
				  to act in such capacity.
(e) No
				  person who has been associated with the board as an officer, employee, or
				  counsel thereof shall be permitted to appear before the board in behalf of, or
				  to represent in any manner, any person in connection with any proceeding or
				  matter which was pending before the board at the time the person was associated
				  with the board unless the person first have obtained the written consent of the
				  presiding officer upon a verified showing that the person did not give personal
				  consideration to the matter of proceeding as to which consent is sought or gain
				  particular knowledge of the facts thereof during the person's association with
				  the board.
(f) No person appearing
				  before the board in any proceeding or matter shall in relation thereto
				  knowingly accept assistance from any person who would be precluded by this
				  section from appearing before the board in such proceeding or matter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-53 - Consolidations

Current through June, 2024
The presiding officer, in his or her discretion or upon
					 request, may consolidate and contemporaneously consider two or more cases which
					 involve substantially the same parties, or issues which are the same or closely
					 related, if he or she finds that such consolidation or contemporaneous
					 proceeding will be conducive to the proper dispatch of the board's business and
					 to the ends of justice and will not unduly delay the
					 proceedings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-54 - Continuances or extension of time

Current through June, 2024
All interpretive opinion proceedings shall be held at the
					 time and place set in the notice of proceeding; however, the presiding officer
					 may at such time and place continue the proceeding from day to day or adjourn
					 the proceeding to a later day or to a different place without notice other than
					 the announcement thereof at the proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-55 - Decision

Current through June, 2024
All final orders, opinions, or rulings entered by the board
					 in an interpretive opinion proceeding shall be served upon the parties or
					 persons participating in the proceeding by mailing a copy of the decision and
					 orders and accompanying findings and conclusions within a reasonable time to
					 each party or to the attorney of record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-56 - Retention of documents by the board

Current through June, 2024
(a) All documents
				  filed with or presented to the board shall be retained in the files of the
				  board until the board orders otherwise.
(b) Document retention and disposition
				  standards shall be in accordance with statewide general records retention
				  schedule and board's record retention and disposition schedule-