Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 5 - PROCEEDINGS BEFORE THE COMMISSION › Section 15-15-45.1 - Fees

Current through June, 2024
(a) Unless otherwise provided herein, a
				  motion for incremental districting approval, motion for amendment to a decision
				  and order, requested rule making, a motion to release conditions, a motion for
				  declaratory order, a motion for special permit, or a motion to amend a special
				  permit, a motion for order to show cause, or motion for important agricultural
				  land designation, by any person other than a state or county department or
				  agency shall be accompanied by a filing fee by cashier's check, for $1,000,
				  made payable to the State of Hawaii. State or county departments or agencies
				  that submit-such petitions, motions, or applications shall not be subject to
				  the filing fee. Such petition, motion, or application filed jointly by a state
				  or county department or agency and a person who is not a state or county
				  department or agency shall be subject to the filing fee.
(b) A petition for an amendment to a district
				  boundary filed by any person other than a state or county department or agency
				  shall be accompanied by a filing fee by cashier's check for $5,000, made
				  payable to the State of Hawaii. State or county departments or agencies that
				  submit a petition for amendment to a district boundary shall not be subject to
				  the filing fee. A petition for an amendment to a district boundary filed
				  jointly by a state or county department or agency and a person who is not a
				  state or county department or agency shall be subject to the filing
				  fee.
(c) A petition for
				  intervention in any proceeding filed by any person other than a state or county
				  department or agency shall be accompanied by a filing fee by cashier's check in
				  the amount of $50, made payable to the State of Hawaii. State or county
				  departments or agencies that submit such petitions for intervention shall not
				  be subject to the filing fee.
(d)
				  Except as otherwise provided by law, a copy of any public document or
				  government record, including any map, plan diagram, photograph, or photostat,
				  which is open to inspection by the public shall be furnished to any person
				  requesting the same by the executive officer having charge or control thereof
				  upon the payment of the reasonable cost of reproducing such copy, which amount
				  shall not be less than 12 cents per page, sheet, or fraction thereof. In
				  addition, the requestor shall be responsible to pay for labor costs for
				  searching, reviewing, and segregating, and actual time for reproducing, and
				  material costs, including electricity cost, equipment cost including rental
				  cost, cost for certification, and other related costs of providing the
				  requested public document or government record.
(e) The petitioner, movant, or applicant for
				  any petition, motion, or application shall, unless otherwise ordered by the
				  commission, reimburse the commission for or pay at the direction of the
				  commission any expenses related to the publication of any required hearing
				  notice, expenses of court reporter services, expenses of the hearing room,
				  expenses for audio/visual services and equipment, and any other hearing-related
				  expenses.
(f) After notice and
				  opportunity to be heard, the commission may also assess any party to any
				  proceeding before the commission a reasonable fee or require reimbursements for
				  hearing expenses as determined by the commission, including without limitation,
				  expenses of court reporter, hearing room, and expenses for audio/visual
				  services and equipment.
(g) The
				  commission may assess a reasonable fee or require reimbursements to be made for
				  inexcusable absence of a party from a contested case proceeding. The assessment
				  may include, but not be limited to, such costs for airfare, room rental fees,
				  and publication fees..