reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-28 - Board proceedings, generally

Current through June, 2024
Unless otherwise provided in this chapter, the following
					 shall apply to proceedings before the authority:
(1) The presiding officer shall control the
				  schedule and course of the proceeding, administer oaths, receive offers of
				  proof, receive evidence, hold appropriate conferences before and during
				  proceedings, rule upon all objections or motions which do not involve a final
				  determination of the proceedings, fix the time for the filing of papers, and
				  dispose of any other matter or take all other actions authorized by law that
				  are deemed necessary to the orderly and just conduct of a proceeding;
(2) Witnesses shall be placed under oath
				  prior to testifying;
(3) To avoid
				  unnecessary cumulative evidence, the presiding officer may limit the number of
				  witnesses or the time for testimony upon a particular issue;
(4) The presiding officer may require the
				  production of further evidence upon any issue or may call other competent
				  witnesses to testify upon any issue;
(5) The presiding officer shall not be bound
				  by the common law rules relating to the admission or rejection of evidence. The
				  presiding officer may exercise discretion in these matters, limited only by
				  considerations of relevancy, materiality, and repetition, and shall give effect
				  to the rules of privilege recognized by law;
(6) The presiding officer may receive copies
				  or excerpts of documentary evidence if the original is not readily available,
				  provided that all parties are afforded the opportunity to compare the copy or
				  excerpt with the original if so requested;
(7) The presiding officer may take notice of
				  judicially recognizable facts or generally recognized technical or scientific
				  facts within the authority's specialized knowledge, provided that the parties
				  are notified before or during the hearing and are afforded an opportunity to
				  contest the facts noticed;
(8) The
				  presiding officer may postpone or continue any hearing to ensure the orderly
				  and just conduct of a hearing;
(9)
				  No matters outside the record shall be considered;
(10) The presiding officer may remove any
				  person who willfully disrupts a proceeding; and
(11) All proceedings shall be recorded. It
				  shall not be necessary to transcribe the record unless requested by a party to
				  the proceeding or the presiding officer. If a party to the proceeding requests
				  a court reporter, then the cost of the transcription shall be borne by the
				  requesting party.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-29 - Substitution of parties

Current through June, 2024
Upon written motion and for good cause show, the presiding
					 officer may order the substitution of parties.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-30 - Consolidation and separation

Current through June, 2024
The presiding officer, upon the presiding officer's own
					 initiative or upon written motion, may consolidate for hearing two or more
					 proceedings that involve related questions of fact or law or may separate
					 matters in issue for hearing in two or more separate proceedings if the
					 presiding officer finds that consolidation or separation will be conducive to
					 the proper dispatch of the presiding officer's business, to the ends of
					 justice, and will not unduly delay the proceedings.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-31 - Subpoenas

Current through June, 2024
(a) Upon written motion of a party to the
				  proceedings or upon its own initiative, the authority shall have the power to
				  issue subpoenas as provided by law, requiring the attendance of witnesses or
				  the production of documents.
(b) A
				  party requesting the issuance of a subpoena shall file its written motion no
				  later than seven days before the date of the proceeding at which the subpoenaed
				  witness is to testify or documents are to be produced. The motion shall
				  identify the person or documents to be subpoenaed and state the reasons why the
				  testimony of the witness or production of documents is believed to be material
				  and relevant to the issues involved.
(c) The requesting party shall be responsible
				  for having the subpoena served and paying a witness fee in the same manner as
				  in the case of witness subpoenaed to testify before a circuit court.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-32 - Motions

Current through June, 2024
(a) All motions, other than those made during
				  a proceeding, shall:
(1) Be in
				  writing;
(2) State the grounds for
				  the motion;
(3) Set forth the
				  relief or order sought; and
(4) Be
				  accompanied by a memorandum in support of the motion, if the motion involves a
				  question of law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-33 - Authority decision

Current through June, 2024
(a) Official copies
				  of authority decisions, orders, and other papers issued by it shall be
				  effectuated under the signature of the chairperson or by such other person as
				  may be authorized by the authority.
(b) Unless otherwise indicated in the
				  decision, order or other paper issued by the authority, the effective date
				  shall be the date of filing with the authority.
(c) Copies of authority decisions, orders,
				  and other papers issued by it shall be available for public inspection in the
				  office of the authority during business hours, or may be obtained upon request
				  and upon the payment of a reasonable charge, if any.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-34 - Appeal from action of executive director

Current through June, 2024
(a) Any party may
				  appeal from an action or decision of the executive director to the authority by
				  filing a petition within thirty days of the effective date of the executive
				  director's action or decision,
(b)
				  The petition shall be in writing and shall:
(1) State appellant's name, mailing address,
				  telephone number;
(2) Identify the
				  property subject to the executive director's action or decision, and the
				  appellant's interest therein;
(3)
				  Identify the action or decision of the executive director that is being
				  appealed;
(4) State all pertinent
				  facts; and
(5) State the reasons
				  for the appeal, including a statement as to why the appellant believes that the
				  executive director's action was based on an erroneous finding of a material
				  fact, or that the executive director acted in an arbitrary or capricious
				  manner, or engaged in an abuse of discretion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-45 - Contested cases; applicability

Current through June, 2024
The right to a contested case hearing shall exist where
					 provided for by an administrative rule of the authority or where required by
					 law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-46 - Initiation of contested case by petition

Current through June, 2024
A contested case shall commence upon the filing of a
					 petition for permitted relief with the authority within thirty days of the
					 action or decision for which the contested case hearing is
					 sought.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-47 - Contents of contested case petition

Current through June, 2024
(a) The petition
				  shall state the following:
(1) Name, address,
				  and telephone number of the petitioner and the petitioner's legal counsel, if
				  any, which shall be updated by the petitioner at all times;
(2) A brief and concise factual statement of
				  the petitioner's claim;
(3) The law
				  or rule which affords petitioner the right to a contested case
				  hearing;
(4) The names of all
				  respondents or identities against whom the petition is brought; and
(5) A brief statement of the relief sought by
				  the petitioner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-48 - Action by authority

Current through June, 2024
Upon the commencement of a contested case proceeding, the
					 authority shall assign the contested case for further proceedings before the
					 authority or appoint a hearings officer as provided in section
					 15-219-26.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-49 - Intervention in contested case

Current through June, 2024
(a) A person or
				  governmental agency may move to intervene and become a party to a contested
				  case proceeding by filing a timely written motion in accordance with section
				  15-219-32.
(b) The motion to
				  intervene shall state the following:
(1)
				  Name, address, and telephone number of the applicant and the applicant's legal
				  counsel, if any, which shall be updated by the applicant at all
				  times;
(2) The nature of the
				  applicant's statutory or other right to participate in the contested case
				  proceeding;
(3) The nature and
				  extent of the applicant's property, financial, or other interest in the pending
				  contested case proceeding;
(4) The
				  other means by which applicant's interest may be protected;
(5) The extent to which applicant's interest
				  will not be represented by existing parties to the contested case
				  proceeding;
(6) The extent to which
				  applicant's participation can assist in the development of a sound
				  record;
(7) The extent to which
				  applicant's participation will broaden the issues or delay the proceeding;
				  and
(8) Whether applicant's
				  position is in support of or in opposition to the relief sought.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-50 - Notice of contested case hearing

Current through June, 2024
(a) Where the
				  contested case proceeding is to be conducted as a public hearing, the presiding
				  officer shall provide notice of the contested case hearing in accordance with
				  section 15-219-27.
(b) Where the
				  contested case proceeding is initiated by petition pursuant to section
				  15-219-46, the presiding officer shall provide notice of the contested case
				  hearing to the petitioner and any other parties of record in accordance with
				  sections
				  91-9
				  and
				  91-9.5,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-51 - Response; contested case

Current through June, 2024
By the time specified by the presiding officer, each
					 respondent shall file and serve upon each party a written response stating
					 briefly therein a counterstatement of the facts, circumstances, laws, rules, or
					 reasons in defense thereof, and shall specifically admit or deny the
					 allegations of the petition. The response shall be filed at least ten days
					 prior to the contested case hearing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-52 - Procedure at contested case hearing

Current through June, 2024
(a) Proceedings
				  shall be held as provided in section 15-219-28 and in accordance with the
				  requirements of sections
				  91-9
				  and
				  91-10,
				  HRS.
(b) The hearing shall be
				  deemed closed the end of the presentation of the evidence or upon completion of
				  final arguments or upon the filing of post-hearing memoranda, whichever occurs
				  later.
(c) The authority may
				  re-open a contested case hearing which has been declared closed but before it
				  renders its decision for the sole purpose of admitting new evidence relevant to
				  the issues in the contested case with notice to all parties. The parties shall
				  be allowed reasonable time in which to submit rebuttal evidence and
				  arguments.
(d) Any procedure may be
				  modified or waived by stipulation of the parties, and informal disposition may
				  be made of any contested case by stipulation, agreed settlement, consent order,
				  or default.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-53 - Proposed decision and order; contested case

Current through June, 2024
(a) Where a
				  decision is adverse to a party to the proceeding other than the authority
				  itself and:
(1) Not all of the members of the
				  authority-entitled to vote on any given matter have heard and examined all the
				  evidence; or
(2) A hearings officer
				  presided over the contested case hearing, the decision shall not be made until
				  a proposed decision and order is served upon all the parties and any party
				  adversely affected is afforded an opportunity to file exceptions and present
				  argument to the authority in accordance with section
				  91-11,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-54 - Authority decision in contested case

Current through June, 2024
(a) The authority
				  shall render its decision, order, or ruling within a period of not more than
				  ninety days after the close of the contested case hearing or filing of
				  exceptions by a party adversely affected by a proposed decision and order or
				  upon completion of oral arguments, whichever occurs later, unless a longer
				  period of time is agreed upon by all parties.
(b) If the authority's decision is adverse to
				  a party to the proceeding, it shall be in writing or stated in the record and
				  shall be accompanied by separate findings of fact and conclusions of law, and
				  shall include a ruling on each proposed finding of fact if a party to the
				  proceeding filed proposed findings of fact. Any proposed findings of fact not
				  expressly ruled upon by the authority are deemed to be denied.
(c) The authority shall deliver or mail a
				  certified copy of the decision and order and accompanying findings and
				  conclusions to each party or party's attorney of record within a reasonable
				  time after its adoption by the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-55 - Reapplication after withdrawal

Current through June, 2024
The authority shall not accept a contested case petition
					 for substantially the same project that was previously filed with the authority
					 and subsequently withdrawn by the petitioner after the notice of a contested
					 case hearing had been issued until two years have passed since the date of such
					 withdrawal.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-56 - Appeal from contested case

Current through June, 2024
Parties to a contested case proceeding may seek judicial
					 review thereof in the manner set forth in section
					 91-14,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-67 - Initiation of rulemaking procedure

Current through June, 2024
(a) The authority
				  may, at any time on its own motion, initiate proceedings to adopt, amend or
				  repeal any rule of the authority.
(b) Any interested person or governmental
				  agency may petition the authority to adopt, amend, or repeal any rule of the
				  authority. Petitions for rulemaking filed with the authority shall become
				  matters of public record.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-68 - Form and content of petition for rulemaking

Current through June, 2024
Petitions for rulemaking shall conform to the requirements
					 of section
					 15-219-6 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 rule 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 rule, amendment, or
				  repeal.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-69 - Action on petition for rulemaking

Current through June, 2024
The authority shall, within sixty days after the filing of
					 a petition for rulemaking, either deny the petition in writing, stating its
					 reasons for its denial, or initiate rulemaking proceedings in accordance with
					 section
					 91-3,
					 HRS. Denial of a petition shall not preclude the authority from acting on its
					 own motion on any matter disclosed in the petition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-70 - Notice of public hearing on rulemaking

Current through June, 2024
(a) Whenever
				  pursuant to a petition or upon its own motion, the authority proposes to adopt,
				  amend or repeal a rule of the authority, the authority shall give at least
				  thirty days' notice for a public hearing on rulemaking.
(b) The notice of public hearing shall be
				  published in accordance with the requirements of sections
				  1-28.5,
				  91-3,
				  92-14, and
				  206E-5.6,
				  HRS. The notice of hearing shall also be mailed to all persons or agencies who
				  have made timely written requests for advance notice of the authority's
				  rulemaking proceedings.
(c) The
				  notice of public hearing and full text of the proposed rulemaking shall be made
				  available on the website of the office of the lieutenant governor in accordance
				  with section
				  91-2.6,
				  HRS, and on HCDA's website in accordance with section
				  206E-5.6,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-71 - Authority hearing procedures for rulemaking

Current through June, 2024
(a) The
				  authority shall render its decision on the proposed rulemaking at a public
				  hearing separate from the hearing that the proposed rulemaking is
				  presented.
(b) The public hearings
				  before the authority shall be presided over by the chairperson or, in the
				  chairperson's absence, the vice chairperson or, in the vice chairperson's
				  absence, by another member designated by the authority.
(c) Each public hearing shall be held at the
				  time and place set in the notice of hearing, but may be continued by the
				  presiding officer to a later date or different place without notice other than
				  the announcement at the hearing.
(d) At the commencement of the hearing, the
				  presiding officer shall outline briefly the procedure to be followed. Testimony
				  shall then be received with respect to the matters specified in the notice of
				  hearing in such order as the presiding officer shall prescribe. The presiding
				  officer shall be authorized to administer oaths or affirmations and to take all
				  other actions necessary to the orderly conduct of the hearing.
(e) Interested individuals and agencies shall
				  have a reasonable opportunity to offer oral testimony at the public hearing
				  with respect to the matters specified in the notice of hearing. To avoid
				  unnecessary cumulative evidence or to ensure that each individual has an equal
				  amount of time to testify, the presiding officer may limit the time for
				  testimony per individual or per issue. Before proceeding to testify, witnesses
				  shall state their name, address, and who they represent at the hearing, and
				  shall give such information regarding their appearance as the presiding officer
				  may request. Every witness may be subject to questioning by the members of the
				  authority or by HCDA staff.
(f)
				  Interested individuals or agencies shall also be afforded an opportunity to
				  submit written testimony, comments, data, views, or arguments that are relevant
				  to the matters specified in the notice of hearing. The period for filing
				  written comments or recommendations may be extended beyond the hearing date by
				  the presiding officer for good cause. An original plus thirty copies shall be
				  submitted.
(g) Unless otherwise
				  specifically ordered by the authority, testimony given at the public hearing
				  shall not be reported verbatim.
(h)
				  All supporting written statements, maps, charts, tabulations, or similar data
				  which are deemed by the presiding officer to be authentic and relevant shall be
				  made part of the record. Unless the presiding officer finds that furnishing
				  copies is impracticable, an original plus thirty copies of the exhibits shall
				  be submitted.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-219-72 - Authority action

Current through June, 2024
The authority shall consider all testimony, comments, and
					 documents of record regarding the proposed rulemaking before engaging in final
					 decision-making on the proposed rulemaking. Unless otherwise provided by law,
					 final decision-making shall not occur earlier than five business days after the
					 notice is published pursuant to section
					 15-219-70.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DECLARATORY RULINGS › Section 15-219-83 - Petition for declaratory relief

Current through June, 2024
(a) Any interested
				  person or governmental agency may petition the authority for a declaratory
				  order as to the applicability of any statutory provision or rule or order of
				  the authority.
(b) In addition to
				  the requirements contained in section 15-219-6, the petition shall set forth
				  the following:
(1) The name, address, and
				  telephone number of each petitioner or petitioner's counsel of
				  record;
(2) A designation of the
				  specific statute, rule, or order in question;
(3) A statement of petitioner's interest in
				  the subject matter, including the reasons for submitting the
				  petition;
(4) A statement of the
				  petitioner's position or contention;
(5) A memorandum of authorities, containing a
				  full discussion of the reasons and legal authorities in support of petitioner's
				  position or contention; and
(6)
				  whether a hearing is requested, and if so, the reasons why the matters alleged
				  in the petition, together with supporting legal memoranda, will not permit the
				  fair and expeditious disposition of the petition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DECLARATORY RULINGS › Section 15-219-84 - Authority action on declaratory rulings

Current through June, 2024
(a) Within ninety
				  days after the authority's receipt of a petition for declaratory order, the
				  authority shall:
(1) Deny the petition in
				  writing, stating the reasons for the denial;
(2) Issue a declaratory order on the matters
				  contained in the petition; or
(3)
				  Set the matter for hearing, provided that if the matter is set for hearing, the
				  authority shall render its findings and decision within one hundred twenty days
				  after the close of the hearing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DECLARATORY RULINGS › Section 15-219-85 - Notice of hearing on petition for declaratory ruling; procedure

Current through June, 2024
(a) In the event a hearing is ordered by the
				  authority, the presiding officer shall provide at least twenty days' notice of
				  the hearing to the petitioner and any other parties of record.
(b) Proceedings shall be held as provided in
				  section 15-219-28.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - DECLARATORY RULINGS › Section 15-219-86 - Applicability of declaratory order

Current through June, 2024
An order disposing of a petition shall apply only to the
					 fact situation described in the petition or set forth in the
					 order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE PROCEDURES RELATING TO THE ENFORCEMENT OF THE ADMINISTRATIVE RULES OF HCDA'S COMMUNITY DEVELOPMENT DISTRICTS › Section 15-219-97 - Applicability

Current through June, 2024
This subchapter is promulgated for the enforcement of the
					 administrative rules for the authority's community development districts.
					 Penalties for violations of such rules shall be imposed as set forth in this
					 subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE PROCEDURES RELATING TO THE ENFORCEMENT OF THE ADMINISTRATIVE RULES OF HCDA'S COMMUNITY DEVELOPMENT DISTRICTS › Section 15-219-98 - Waiver or suspension of administrative rules

Current through June, 2024
(a) Every
				  petition for a waiver of any of the provisions of the administrative rules of
				  HCDA's community development districts shall be in writing, signed by the
				  petitioner, and submitted to the authority for approval.
(b) Every petition shall state:
(1) The name, address, and telephone number
				  of the petitioner and the petitioner's legal counsel, if any, which shall be
				  updated by the petition at all times;
(2) The specific provision of the
				  administrative rules of HCDA's community development districts for which
				  petitioner seeks a waiver;
(3) The
				  effect of the strict application of the provision for which petitioner seeks a
				  waiver;
(4) The reasons why the
				  petitioner seeks to avoid the strict application of the provision for which
				  petitioner seeks a waiver;
(5) An
				  alternate plan or other means by which the spirit and intent of the provision
				  for which petitioner seeks a waiver can be accomplished other than the strict
				  application of the provision;
(6)
				  The extent to which such waiver is in the best interest of the subject
				  community development district; and
(7) The extent to which such waiver may
				  endanger the health, safety, or welfare of the subject community development
				  district.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE PROCEDURES RELATING TO THE ENFORCEMENT OF THE ADMINISTRATIVE RULES OF HCDA'S COMMUNITY DEVELOPMENT DISTRICTS › Section 15-219-99 - Issuance of notice of violation and intent to impose a citation

Current through June, 2024
(a) Upon determination of a violation, the
				  executive director may issue a notice of violation and intent to impose a
				  citation.
(b) Service of the notice
				  shall be made personally or by certified mail with return receipt
				  requested.
(c) The notice shall
				  include but is not limited to the following:
(1) Date of the notice;
(2) Name and address of the
				  violator;
(3) Nature of the
				  violation;
(4) The section number
				  of the provision or rule, or the number of the permit which has been violated;
				  and
(5) Location and time of
				  violation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE PROCEDURES RELATING TO THE ENFORCEMENT OF THE ADMINISTRATIVE RULES OF HCDA'S COMMUNITY DEVELOPMENT DISTRICTS › Section 15-219-100 - Time period for compliance

Current through June, 2024
(a) When
				  determining the corrective action to be taken and a reasonable deadline to
				  correct the violation, the executive director shall use the following schedule
				  as a guide:
Schedule for Correction of Violations
Type of Violation
Initial Violation
Repeated Violation
Land Use
15 days
7 days or less
Development Standard
30 days
15 days or less
Permit Condition
30 days
15 days or less
(b) This
				  schedule is only a guide and may be modified in consideration of the following:
(1) The type and the degree of the violation,
				  whether it is a repeated violation, and the number of violations cited in the
				  citation;
(2) Whether the violation
				  poses a threat or potential threat to human health and safety;
(3) Procedural requirements for obtaining a
				  permit or authorization to carry out corrective action;
(4) The complexity of the corrective action
				  required, including construction requirements and the legal prerogatives of
				  landlords and tenants; and
(5) Any
				  other circumstances beyond the control of the violator.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE PROCEDURES RELATING TO THE ENFORCEMENT OF THE ADMINISTRATIVE RULES OF HCDA'S COMMUNITY DEVELOPMENT DISTRICTS › Section 15-219-101 - Administrative fines

Current through June, 2024
(a) If a violation
				  is not corrected by the date specified in the notice, the violator shall pay to
				  the authority a fine prescribed by the executive director in accordance with
				  subsections (b) through (d) in an amount not to exceed $500.
(b) In determining the amount of the fine,
				  the executive director shall consider the following:
(1) The nature and degree of the
				  violation;
(2) Whether the
				  violation involves a threat to public health and safety;
(3) Whether there is income derived from the
				  violation; and
(4) Whether it is a
				  repeated violation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE PROCEDURES RELATING TO THE ENFORCEMENT OF THE ADMINISTRATIVE RULES OF HCDA'S COMMUNITY DEVELOPMENT DISTRICTS › Section 15-219-102 - Administrative costs

Current through June, 2024
Violators shall be liable for all administrative costs
					 incurred by the authority in processing and levying the penalties set forth in
					 this subchapter. Said costs shall include but not be limited to the cost
					 incurred in the preparation of notices, the collection of fines, and the appeal
					 of violations.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - ADMINISTRATIVE PROCEDURES RELATING TO THE ENFORCEMENT OF THE ADMINISTRATIVE RULES OF HCDA'S COMMUNITY DEVELOPMENT DISTRICTS › Section 15-219-103 to 15-219-112 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-220-1 - Title

Current through June, 2024
(a) This chapter
				  220 of the Hawaii Administrative
				  Rules ("HAR") shall be known, and may be cited, as the Heeia community
				  development district (CDD) rules.
(b) References to "rules" within this chapter
				  are references to the Heeia CDD rules unless indicated otherwise. References to
				  other regulations or provisions relevant to the Hawaii community development
				  authority ("authority" or "HCDA"), where provided, are for the convenience of
				  the reader. The lack of a cross-reference does not exempt a land, building,
				  structure, or use from other regulations.
(c) The figures, dated _______, attached at
				  the end of this chapter and the Heeia CDD Master Plan, dated
				  __________________, are hereby incorporated by reference and made a part of
				  this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-220-2 - Purpose

Current through June, 2024
(a) The rules carry out the manao hooko
				  (intent) of the guiding principles of the Heeia CDD Master Plan ("Heeia MP") by
				  classifying and regulating land uses within the Heeia CDD consistent with, and
				  in furtherance of, the Heeia MP and chapter
				  206E, Hawaii Revised Statutes
				  ("HRS").
(b) The rules are adopted
				  to protect and promote the public health, safety, and general welfare of the
				  community and to protect and preserve places and areas of historical, cultural,
				  architectural, or environmental importance and significance, as set forth in
				  the Heeia MP and chapter
				  206E, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-220-3 - Applicability

Current through June, 2024
(a) This chapter together with the Heeia MP,
				  shall govern all real property located within the Heeia CDD. This chapter shall
				  control if a conflict involving the provisions of this chapter and the Heeia MP
				  arises.
(b) No building permit
				  shall be approved by the authority for any public improvement or any project
				  within the Heeia CDD unless the project conforms to the provisions of the Heeia
				  MP and this chapter.
(c) No public
				  improvement or project within the Heeia CDD shall be initiated or adopted
				  unless it conforms to and implements the Heeia MP and this chapter.
(d) Except as otherwise expressly provided in
				  this chapter, the rules shall supersede the city and county of Honolulu's land
				  use ordinance. The foregoing ordinance is hereby declared to be inconsistent
				  with this chapter and shall therefore be inapplicable to projects within the
				  Heeia CDD unless otherwise specifically stated.
(e) Except as otherwise provided in this
				  chapter, all other rules and laws shall remain applicable to the public
				  improvements, projects, and properties in the Heeia CDD, including but not
				  limited to "Kuleana lands", defined in HAR § 15-220-8.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-220-4 - Minimum requirements

Current through June, 2024
The provisions of the rules are minimum requirements for
					 the protection and promotion of public health, safety, and welfare and the
					 decision-maker may impose additional requirements where authorized and
					 appropriate and does not guarantee compliance with other rules, regulations, or
					 laws imposed by other governmental entities.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-220-6 - Compliance with other regulations

Current through June, 2024
(a) Conflicting
				  requirements resulting from application of the rules shall be resolved as
				  follows:
(1) Heeia CDD rules. If a conflict
				  occurs between requirements within the rules, the most restrictive shall
				  apply;
(2) Heeia MP. If a conflict
				  arises between the Heeia MP and the rules, the Heeia MP shall take precedence;
				  and
(3) Federal regulations. If a
				  conflict occurs between these rules and federal regulations, the federal
				  regulations shall take precedence;
(4) Kuleana lands. If a conflict occurs
				  between the rules and kuleana lands, the rights and regulations applicable to
				  kuleana lands shall take precedence; and
(5) Private agreements. The rules shall apply
				  to all real property located within the Heeia CDD regardless of whether the
				  rules impose a greater or lesser restriction on the project or the use of
				  structures or land than a private agreement or restriction.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-220-7 - Severability

Current through June, 2024
These rules shall be liberally construed to protect and
					 preserve the health, safety, and general welfare within the Heeia CDD. Should
					 any provision of the rules be held to be unconstitutional or invalid, such
					 holding shall not be construed as affecting the validity of any of the
					 remaining provisions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 2 - LAND USE › Section 15-220-21 - Purpose

Current through June, 2024
This subchapter establishes the land use zones within the
					 Heeia CDD and adopts the land use plan for the Heeia CDD as its zoning
					 map.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 2 - LAND USE › Section 15-220-22 - Land use plan

Current through June, 2024
The Heeia CDD rules land use plan (hereafter referred to as
					 the "land use plan") is included as Figure 2, dated ___________, made a part of
					 this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 2 - LAND USE › Section 15-220-23 - Land use zones

Current through June, 2024
(a) The land use
				  plan is comprised of three land use zones corresponding to the Heeia MP. (see
				  Figure 2 (land use plan), dated ______, made part of this chapter and attached
				  at the end of this chapter). These land use zones and their corresponding use
				  rules and guidelines are as follows:
(1) Wao
				  ho ola zone. The Wao ho ola zone is located in the upland portion of the
				  district and is envisioned as an area of restoration, respite, and healing to
				  specifically provide an opportunity for dryland agriculture and facilities that
				  promote these restoration, respite, and healing objectives;
(2) Wao kahua zone. The Wao kahua zone
				  located within higher elevations outside of the wetland area and is envisioned
				  as the area of strong foundation to establish educational, cultural, and
				  agricultural support facilities. A range of uses are proposed, such as dry land
				  agriculture, cultural practices, education and research, restoration, and
				  resource management;
(3) Wao loko
				  ia kalo zone. The Wao loko ia kalo zone is the wetland area of the district and
				  is envisioned as the area of mahiai (cultivation of food) and aina momona (land
				  that is abundant and food producing). The uses contemplated within this zone
				  are: wetland and stream restoration, taro and dryland cultivation, development
				  of loko ia (fishponds and detention ponds), activities involving traditional
				  and customary Native Hawaiian cultural practices, education, and arts. It will
				  also contain support structures and facilities for agricultural
				  activities.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 2 - LAND USE › Section 15-220-24 - Allowable land uses

Current through June, 2024
(a) Buildings in each land use zone shall
				  conform to the allowable land uses specified in Figure 3 (allowable uses),
				  dated ____, made a part of this chapter, and attached at the end of this
				  chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-36 - Purpose

Current through June, 2024
(a) This subchapter establishes standards
				  relating to the use and construction of any structure within the Heeia
				  CDD.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-37 - Applicability

Current through June, 2024
This subchapter applies to all permit applications and use
					 classifications, except where a section provides otherwise.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-38 - Agricultural use and structures

Current through June, 2024
(a) The following
				  agricultural buildings and structures that are not used as dwellings or lodging
				  units are exempt from HCDA permit requirements where the buildings or
				  structures do not exceed one thousand square feet;
(1) Nonresidential manufactured
				  pre-engineered commercial buildings and structures;
(2) Single stand-alone recycled ocean
				  shipping or cargo containers that are used as nonresidential buildings and are
				  properly anchored;
(3)
				  Notwithstanding the one thousand square foot floor area restriction,
				  agricultural shade cloth structures, cold frames, or greenhouses not exceeding
				  twenty thousand square feet in area per structure;
(4) Aquaculture or aquaponics structures,
				  including above-ground water storage or production tanks, troughs, and raceways
				  with a maximum height of six feet about grade, and in-ground ponds and
				  raceways, and piping systems for aeration, carbon dioxide, or fertilizer or
				  crop protection chemical supplies within agriculture or aquacultural production
				  facilities;
(5) Livestock watering
				  tanks, water piping and plumbing not connected to a source of potable water, or
				  separation by an air gap from such a source;
(6) Non-masonry fences not exceeding ten feet
				  in height and masonry fences not exceeding six feet in height that are not
				  located along Kamehameha Highway or adjacent to any private property;
(7) One-story masonry or wood-framed
				  buildings or structures with a structural span of less than twenty-five feet
				  and a total square footage of no more than one thousand square feet, including
				  farm buildings used as:
(A) Barns;
(B) Greenhouses;
(C) Farm production buildings including
				  aquaculture hatcheries and plant nurseries;
(D) Storage buildings for farm equipment or
				  plant or animal supplies or feed; or
(E) Storage or processing buildings for
				  crops, provided that the height of any stored items shall not exceed twelve
				  feet in height;
(8)
				  Raised beds containing soil, gravel, cinders or other growing media or
				  substrates with wood, metal or masonry walls or supports with a maximum height
				  of four feet;
(9) Horticultural
				  tables or benches no more than four feet in height supporting potted plants or
				  other crops; and
(10)
				  Nonresidential indigenous Hawaiian hale that do not exceed five hundred square
				  feet in size, have no kitchen or bathroom, and are used for traditional
				  agricultural activities or education;