reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 19-1-3 - Offices of the department

Current through June, 2024
(a) The
				  departmental or central office of the department and the office of the director
				  are located at 869 Punchbowl Street, Honolulu, Hawaii 96813.
(b) Divisional and staff offices. The
				  department has three main divisions and a staff office concerned with rules.
				  Their offices are at the following locations:
(1) Airports Division - Honolulu
				  International Airport, Honolulu, Hawaii 96819,
(2) Harbors Division - 79 South Nimitz
				  Highway, Honolulu, Hawaii 96813,
(3) Highways Division - 869 Punchbowl Street,
				  Honolulu, Hawaii 96813,
(4) Motor
				  Vehicle Safety Office - 601 Kamokila Boulevard, Kapolei, Hawaii
				  96707.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 19-1-4 - Office hours

Current through June, 2024
The offices of the department and of each division shall
					 be open from 7:45 a.m. to 4:30 p.m. of each week day, except such other days as
					 may be holidays by statute or executive order.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 19-1-5 - Public records

Current through June, 2024
(a) All public
				  records of the department shall be available for inspection during established
				  office hours, subject to the limitations prescribed in chapter
				  92, Hawaii Revised Statutes, and in
				  any other law.
(b) All requests for
				  public records shall be made in writing to the director. Such writing shall
				  identify the record or describe the character of the record, the purpose for
				  which the request is made; and the use or anticipated use for which the record
				  is desired, including persons or agencies to which such record or information
				  from the record may be made available and including the court action or
				  anticipated court action for which such record may be used. Such requests shall
				  be in ink or typewritten and must be signed in ink by the requesting party or
				  his duly authorized agent or attorney. For good cause, the director may deny
				  such requests.
(c) All public
				  records printed or reproduced by the department in quantity shall be available
				  to any person who requests the same and pays the fees established by or
				  pursuant to law.
(d) Where
				  facilities are available photocopies of other public records shall be made and
				  given to any person who requests the same and pays the fees established by or
				  pursuant to law.
(e) Requests for
				  public information, for permission to inspect official records or for copies of
				  public records will be handled with due regard for the dispatch of other public
				  duties.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 19-1-6 - Public information and submittals

Current through June, 2024
(a) Any person may
				  obtain such information as is available for public dissemination concerning the
				  activities of the department from the appropriate offices of the department
				  during established business hours.
(b) Any person may file in. the office of the
				  director requests, objections, or views on any matter in any proceedings before
				  the department in accordance with this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-7 - Hearings

Current through June, 2024
The department may on its own. motion or on the complaint
					 or petition of any interested person or an agency of the state or county
					 government, hold a hearing on a contested case as is required by law or rules
					 of the department. For such purposes it may subpoena witnesses and require the
					 production of evidence. Procedures to be followed by the department shall,
					 unless specifically prescribed in these rules or by chapter
					 91, Hawaii Revised Statutes, be such
					 as in the opinion of the department will best serve the purposes of such
					 hearing.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-8 - Commencement

Current through June, 2024
(a) A hearing on a contested matter shall be
				  commenced by the department on its own motion or upon the complaint or petition
				  of any interested person or agency, of the state or county governments, when
				  the processing of such complaint or petition necessitates such a
				  hearing.
(b) No hearing on a
				  contested case shall be held until due notice is given to all parties as
				  provided in chapter
				  91, Hawaii Revised Statutes.
(c) A complaint or petition by an aggrieved
				  person or proper party or by an interested agency, of the state or county
				  governments, requesting such a hearing shall contain concise statements of:
(1) the legal authority under which the
				  proceeding, hearing or action is to be held or made,
(2) the disagreement, denial, grievance or
				  such matter which is being contested by the complainant or petitioner,
(3) the basic facts and; issues
				  raised, and
(4) the relief to which
				  the party, complainant or petitioner deems itself entitled. The department may
				  prepare departmental forms which may be substituted for any complaint or
				  petition which may be required for any authorized proceedings pursuant to law
				  or rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-9 - Appearance before the department

Current through June, 2024
(a) An individual
				  may appear in his or her own behalf; a general partner may represent a
				  partnership; a bona fide officer or employee of a corporation, trust or
				  association may represent the corporation, trust or association; and an officer
				  or employee of a governmental agency may represent such agency in any
				  hearing.
(b) A person may be
				  represented by an attorney or attorneys-at-law, qualified to practice before
				  the supreme court of Hawaii in any hearing under these rules.
(c) A person shall not be represented in any
				  hearing 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 department, the personal
				  appearance or signature of the individual shall constitute a representation to
				  the department that under the provisions of these rules and the law, the
				  individual is authorized and qualified to represent the particular person on
				  whose behalf the individual acts. The department may at any time require any
				  person acting in a representative capacity to show proof of authority and
				  qualification to act in such capacity.
(e) No person who, because of his or her
				  association with the department as an officer, employee or counsel, is
				  disqualified by law, shall be permitted to appear before the department in
				  behalf of, or to represent in any manner, any other person.
(f) No person appearing before the department
				  in any proceeding or matter shall, in relation thereto, knowingly accept
				  assistance from any person who would be precluded by law from appearing before
				  the department in such proceeding or matter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-10 - Filing of documents

Current through June, 2024
(a) All pleadings,
				  submittals, petitions, applications, charges, reports, maps, exceptions,
				  briefs, memoranda, and other papers required to be filed in any proceeding,
				  shall be filed with the director or as instructed by the director. Such papers
				  may be sent by mail or hand- carried to the department in Honolulu, Hawaii,
				  within the time limit, if any, or as set forth in any law, rule or regulation,
				  for such filing. The date on which the papers are actually received by the
				  department or at the hearing, shall be deemed to be the date of
				  filing.
(b) All papers filed with
				  the department shall be written in ink, typewritten, mimeographed or printed,
				  shall be plainly legible, shall be on strong durable paper, not larger than
				  8-1/2" x 14"
				  in size except that tables, maps, charts and other documents may be larger, but
				  shall be folded to the size of the documents to which they are
				  attached.
(c) All paper must be
				  signed in ink by the party or a duly authorized agent or attorney. The
				  signature shall constitute a certification that the party in interest has read
				  the document; that to the best of the party's knowledge, information, and
				  belief every statement contained in the instrument is true and no such
				  statements are misleading; and that it is not interposed for delay.
(d) Unless otherwise specifically provided by
				  a particular rule or order of the department, an original and two copies of all
				  papers shall be filed.
(e) The
				  initial document filed by any person in any proceeding shall state on the first
				  page thereof the name and mailing address of the person or persons who may be
				  served with any documents filed in the proceeding.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-11 - Docket

Current through June, 2024
The director or the director's representative shall
					 maintain a docket of all contested cases and each case shall be assigned a
					 number.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-12 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by
					 these or other applicable rules or by order of the department, the day of the
					 act, event or default after which the designated period of time begins to run
					 shall not be included. The last day of the period so computed shall be included
					 unless it is a Saturday, Sunday or holiday, in which event the period runs
					 until the-next day which-is not a Saturday, a Sunday, or a holiday.
					 Intermediate Saturdays, Sundays and holidays shall be excluded in the
					 computation when the period of time prescribed or allowed is seven days or less
					 As used in this section, "holiday" includes any day designated as such pursuant
					 to section
					 8-1, Hawaii
					 Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-13 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency has a right or is required to
					 take action within the period prescribed or allowed by this chapter, by notice
					 given as prescribed by this chapter or by an order or rule, the presiding
					 officer may (1) before the expiration of the prescribed period, with or without
					 notice, extend such period; or (2) upon motion, permit the act to be done after
					 the expiration of a specified period where the failure to act is reasonably
					 shown to be excusable.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-14 - Amendment of documents and dismissal

Current through June, 2024
If any document initiating, or filed in, a contested case
					 is not in substantial conformity with the applicable rules of the department as
					 to the contents thereof, or is otherwise insufficient, the department, on its
					 own motion, or on motion of any party, may strike such document, or require its
					 amendment. If amended, the document shall be effective as of the date of the
					 original filing.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-15 - Retention of documents by the department

Current through June, 2024
All documents filed with or presented to the department
					 shall be retained in the files of the department, except that the department
					 may permit the withdrawal of original documents upon submission of properly
					 authenticated copies to replace such documents.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-16 - Public information

Current through June, 2024
(a) Unless
				  otherwise provided by statute, rule or order of the department, all information
				  contained in any pleading, submittal, petition, application, charge, statement,
				  recommendation, report, map, exception, brief, memorandum or other document
				  filed with the department pursuant to the requirements of a statute or rule or
				  order of this department shall be available for inspection by the public after
				  final decision.
(b) Confidential
				  treatment may be requested where authorized by statute. For good cause shown,
				  the presiding officer shall grant such request.
(c) When permitted or authorized, matters of
				  public record may be inspected in the offices of the department in Honolulu
				  during regular office hours.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-17 - Decision

Current through June, 2024
All final orders, opinions or rulings entered by the
					 department in a hearing shall be served upon the parties or persons
					 participating in the hearing by regular mail or personal delivery by the
					 department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-18 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the presiding
					 officer may order substitution of parties, except that in case of death of a
					 party, substitution may be ordered without the filing of a
					 motion.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-19 - Consolidation

Current through June, 2024
The presiding officer, upon the officer's own initiative
					 or upon motion, may consolidate for hearing or for other purposes or may
					 contemporaneously consider two or more proceedings which involve substantially
					 the same parties, or issues which are the same or closely related, if the
					 officer finds that such consolidation or contemporaneous hearing will be
					 conducive to the proper dispatch of the business of the department and to the
					 ends of justice and will not unduly delay the proceedings.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 2 - PROCEDURES ON CONTESTED CASES › Section 19-1-20 - Intervention

Current through June, 2024
Applications to intervene in a proceeding shall comply
					 with section
					 19-1-10 and shall be served upon
					 all parties. Applications for intervention will be granted to persons properly
					 seeking and entitled as of right, to be admitted as a party; otherwise at the
					 discretion of the presiding officer, they may be denied. As a general policy,
					 such applications shall be denied unless the petitioner shows that it has an
					 interest in a question of law or fact involved in the contested
					 matter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 3 - PROCEDURES FOR RULEMAKING › Section 19-1-21 - Notice of proposed rulemaking

Current through June, 2024
(a) When upon its
				  own motion, the department proposes to adopt, amend or repeal a rule or
				  regulation, a notice of the proposed rulemaking action will be published at
				  least once in a newspaper of general circulation in the State at least thirty
				  calendar days prior to the date of the public hearing. Notice shall be mailed
				  to all persons who make a timely request for advance notice of such rulemaking
				  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 shall be held.
(2) Reference to the authority under which
				  the adoption, amendment, or repeal of a rule is proposed.
(3) A statement of the substance of the
				  proposed rulemaking action.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 3 - PROCEDURES FOR RULEMAKING › Section 19-1-22 - Further notice of hearing

Current through June, 2024
For any rulemaking hearing where the department deems it
					 warranted, an additional notice of the public hearing shall be published in a
					 newspaper of general circulation in the State.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 3 - PROCEDURES FOR RULEMAKING › Section 19-1-24 - Department action

Current through June, 2024
At the close of the final public hearing, the presiding
					 officer shall announce the decision, or the date when the decision shall be
					 made.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 3 - PROCEDURES FOR RULEMAKING › Section 19-1-25 - Emergency rulemaking

Current through June, 2024
Notwithstanding the foregoing rules, if the department
					 finds that an imminent peril to public health, safety, or morals requires
					 adoption, amendment or repeal of a rule upon less than thirty days notice of
					 hearing, and states in writing its reason for such finding, it may proceed
					 without prior notice or hearing or upon such abbreviated notice and hearing as
					 it finds practicable to adopt an emergency rule to be effective for a period
					 not longer than one hundred twenty days without renewal.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 3 - PROCEDURES FOR RULEMAKING › Section 19-1-26 - Petitions for adoption, amendment or repeal of rules

Current through June, 2024
(a) Scope.
				  Any interested person or any agency of the state or county government may
				  petition the department for the adoption, amendment, modification or repeal of
				  any rule which is designed to implement, interpret, or prescribe law, policy,
				  procedure or practice requirements, of the department.
(b) Form and contents. Petitions for
				  rulemaking action shall conform to the requirements of section
				  19-1-10. The
				  petition shall set forth the text of the proposed rule or amendment desired or
				  specify the rule the repeal of which is desired and state concisely the nature
				  of the petitioner's interest in the subject matter and the reasons for seeking
				  the adoption, amendment or repeal of the rule and shall include any facts,
				  views, arguments and data deemed relevant by the petitioner. The department may
				  also require the petitioner to serve other persons or governmental agencies
				  known to be interested in the proposed rulemaking. No request for the adoption,
				  amendment, modification or repeal of a rule which does not conform to the
				  requirements set forth above shall be considered by the department.
(c) Procedure. A petition for a change of
				  rules shall be given a docket number and shall become a matter of public record
				  upon filing. The department shall within thirty days following the filing of
				  the petition either deny the petition in writing or may initiate the rulemaking
				  procedure. No public hearing, oral argument, or other form of proceedings,
				  shall be held directly on any petition, but if the department determines that a
				  petition discloses sufficient reasons in support of the relief requested to
				  justify the institution of a public hearing, the procedures to be followed will
				  be as set forth in sections
				  19-1-21 to
				  25. Where the department determines that a petition does not disclose
				  sufficient reasons to justify the institution of a public rulemaking action, or
				  where the petition for a change of rules fails in material respect to comply
				  with the requirements of these rules, petitioner shall be so notified together
				  with the grounds for such denial or the department may request additional data
				  and supporting authorities before proceeding on the petition. Failure on the
				  part of the petitioner to furnish data or supporting authorities within the
				  time specified in the request shall be deemed to be a withdrawal of the
				  petition. The provisions of this section shall not operate to prevent the
				  department, on its own motion, from acting on any matter set forth in any
				  petition.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 5 - APPLICATION FOR A BUSINESS OR DEVELOPMENT- RELATED PERMIT, LICENSE OR APPROVAL › Section 19-1-28 - Granting or denying of application

Current through June, 2024
(a) Unless
				  otherwise provided by law, the department shall grant or deny an application
				  for a business or development-related permit, license, or approval, within
				  ninety days of receipt by the department of the properly completed application.
				  Unless otherwise provided, if the department does not take action to grant or
				  deny the application within the ninety-day deadline, the application shall be
				  deemed approved. This deadline shall not apply to applications that are subject
				  to state administered permit programs delegated, authorized, or approved under
				  federal law. When an environmental impact statement is required pursuant to
				  chapter
				  343 of the Hawaii Revised Statutes or
				  when a contested case hearing is requested pursuant to chapter
				  91 of the Hawaii Revised Statutes the
				  application shall not be deemed to be completed until the department receives
				  satisfactory verification of the acceptance or nonacceptance of the final
				  environmental impact statement or the decision on the contested case
				  hearing.
(b) The maximum period of
				  time, including any extension established, pursuant to this section shall be
				  extended in the event of a national disaster state emergency, or union strike
				  which would prevent the applicant, the agency, or the department from
				  fulfilling application or review requirements.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 2 - PARTICIPATION IN THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM › Section 19-2-1 - Purpose

Current through June, 2024
The purpose of this chapter is to implement the
				  Disadvantaged Business Enterprise ("DBE") Program as required by Title 49, Code
				  of Federal Regulations, Parts 23 and 26, entitled "Participation by
				  Disadvantaged Business Enterprises in Department of Transportation
				  Programs."
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 2 - PARTICIPATION IN THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM › Section 19-2-2 - Authorization

Current through June, 2024
The state director of transportation is required to
				  implement a disadvantaged business enterprise program in order to receive
				  federal financial assistance. Sections
				  261-12,
				  264-23,
				  264-24,
				  266-2,
				  Hawaii Revised Statutes, authorize the state director of transportation to
				  promulgate rules and regulations for the purposes of complying with federal
				  rules and program requirements. The state director of transportation shall also
				  adopt a program plan that reflects the federal rule requirements referenced in
				  Section 19-2-4.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 2 - PARTICIPATION IN THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM › Section 19-2-3 - Substance of rules

Current through June, 2024
Title 49, Code of Federal Regulations, Parts 23 and 26,
				  requires that states participating in the federal transportation program
				  establish a disadvantaged business enterprise program in which firms owned and
				  controlled by minorities and women may participate in federally assisted
				  transportation projects. The State's failure to comply with the federal
				  department of transportation disadvantaged business enterprise rules may result
				  in the termination of the State's financial agreement with the federal
				  Department of Transportation and may affect the State's ability to obtain
				  future federal Department of Transportation grants.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 2 - PARTICIPATION IN THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM › Section 19-2-4 - Adoption

Current through June, 2024
The provisions of Title 49, Part 23 Code of Federal
				  Regulations, Participation by Disadvantaged Business Enterprises in the
				  Department of Transportation Programs in Airport Concessions, and Part 26
				  Disadvantaged Business Enterprises in the Department of Transportation
				  Financial Assistance Programs, are adopted and incorporated by reference as
				  part of the state department of transportation's rules and
				  regulations.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 2 - PARTICIPATION IN THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM › Section 19-2-5 - Applicability

Current through June, 2024
This chapter shall only apply to federal programs that are
				  administered by the state department of transportation by which funds are made
				  available to members of the public for the accomplishment of the purposes of
				  the department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-1 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly
				  indicates otherwise:
"Airport" means any area of land or water which is used, or
				  intended for use, for the landing and take-off of aircraft, and any appurtenant
				  areas which are used, or intended for use, for airport buildings or other
				  airport facilities or rights-of-way, including approaches, together with all
				  airport buildings and facilities located thereon.
"Airport hazard" means any structure or tree which obstructs
				  the airspace required for the flight of aircraft in landing or taking-off at an
				  airport, or any use of land which creates a dangerous condition, including the
				  placement of strong lights which blind pilots during such operations.
"Airport purpose" means the declaration of an airport as
				  either a private, public, or quasi-public airport, as defined in this section,
				  by the owner of the airport.
"Character or type of airport" means the structural nature
				  of an airport's design as indicated by an instrument runway or a noninstrument
				  runway upon it, irrespective of whether the airport is a public, private, or
				  quasi-public airport.
"Department" means the department of transportation of the
				  State of Hawaii.
"Director" means the director of the department of
				  transportation, or his authorized representative.
"Instrument runway" means a runway equipped or designated to
				  be equipped with a precision electronic landing aid, such as instrument landing
				  system (ILS), ground controlled approach (GCA), or precision approach radar
				  (PAR).
"Noninstrument runway" means a runway other than an
				  instrument runway.
"Operation of aircraft" or "operate aircraft" means the use,
				  navigation, or piloting of aircraft in the airspace over the State or upon any
				  airport within the State.
"Person" means any individual, firm, partnership,
				  corporation, company, unincorporated association, joint stock association, or
				  any trustee, receiver, assignee, or other similar representative thereof; or
				  the State or any of its political subdivisions, or agencies thereof.
"Private airport" means an airport owned or operated by a
				  person and not open to the public.
"Public airport" means an airport owned or operated by the
				  state, municipality, county, or other political subdivision or public
				  corporation of the state, and opened for the use of the general public.
"Quasi-public airport" means an airport owned or operated by
				  a person and open to the public in part or in whole as evidenced by its use by
				  either aircraft operators or paying passengers carried in privately owned
				  aircraft operated for hire.
"Rules" means the rules set forth under this chapter.
"Runway" means the surface of an airport used for the
				  landing and taking-off of aircraft.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-3 - Application for airport site approval

Current through June, 2024
(a) Any person
				desiring or planning to construct, establish, or operate a proposed airport
				shall, prior to its construction or operation, make application to the director
				for his approval of the site.
(b)
				Each application for the approval of an airport site shall indicate the purpose
				for which approval is desired; that is, whether it will be a private airport, a
				public airport, or a quasi-public airport; and the character or type of airport
				proposed. It shall further state that:
(1)
				The site is adequate for the character or type of airport proposed and has no
				substantial airport hazard upon it or within its vicinity. As to any other
				airport hazards thereupon or therein, the application shall concisely state
				their location, nature, and degree.
(2) The use of land within any zone
				established pursuant to chapter
				11 under this title and applicable to
				the character or type of airport proposed or within its vicinity shall conform
				to the use restrictions prescribed by that chapter.
(3) The runways of the proposed airport shall
				conform to the minimum standards of safety required for their construction and
				maintenance as may be applicable to the character or type of airport
				proposed.
(4) The operation,
				flight, and maneuvering of aircraft approaching and taking off from the
				proposed airport can conform to the minimum standards of safety required
				therefor by the general operating and flight rules prescribed by part 91 of the
				Federal Aviation Regulations.
(5)
				Safe and compatible air traffic patterns can be or have been worked out for the
				proposed airport and all existing airports and approved sites in its
				vicinity.
(6) Notice of intent has
				been given to the Federal Aviation Administration at its regional office in
				Honolulu, Hawaii, and a determination by that agency has been made on the
				notice pursuant to part 157 of the Federal Aviation Regulations.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-4 - Certificate of approval

Current through June, 2024
(a) Issuance of
				certificate. The director, if satisfied on inspection that the proposed airport
				meets the standards set forth in § 19-11-3, shall issue a certificate
				granting approval thereof with reasonable dispatch and without charge to the
				applicant. The director may note on the face of the certificate that the
				approval is subject to any reasonable conditions he may deem necessary to
				effectuate the purpose of these rules.
(b) Effective limits. The certificate of
				approval shall remain in effect for a period of one year or until a license for
				an airport on the approved airport site has been issued pursuant to §
				19-11-5, whichever shall occur first.
(c) Revocation. The director may, after
				notice and opportunity for a hearing to a holder of a certificate of approval,
				revoke or cancel the certificate when he determines that:
(1) The approved airport site has been
				abandoned; or
(2) There has been a
				failure, within the time prescribed in the certificate, to develop the site as
				an airport or to comply with the conditions noted on the face of the
				certificate; or
(3) Because of a
				change in the physical or legal conditions or circumstances, the site is no
				longer usable for the aeronautical purposes for which the approval was
				granted.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-5 - Airport licenses and renewals

Current through June, 2024
All airports excepting those owned and operated by the
				  United States, the State, or those hereinafter excluded, shall be licensed and
				  their licenses renewed annually upon payment of required airport license and
				  renewal fees.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-6 - Application for original airport license

Current through June, 2024
(a) Any holder of a
				certificate of approval issued pursuant to these rules may, while it remains in
				effect, make, and any operator of a presently operated airport not yet licensed
				under this section shall make, an application for an original license to
				operate the airport and shall pay the sum of $50 as the required airport
				license fee.
(b) Each application
				for an original airport license shall indicate the purpose for which the
				airport is being or to be operated and the character or type of airport
				concerned. It shall further state that:
(1)
				The applicant's certificate of site approval for the airport remains in
				effect.
(2) The airport has no
				substantial airport hazard upon it or within its vicinity. As to any other
				airport hazards thereupon or therein, the application shall concisely state
				their location, nature and degree.
(3) The use of land within any zone
				established pursuant to chapter
				11 under this title and applicable to
				the character or type of airport in question or within its vicinity conforms to
				the use restrictions prescribed by chapter
				11 under this title.
(4) The runways of the airport conform to the
				minimum standards of safety required for their construction and maintenance, as
				may be applicable to the character or type of the airport in
				question.
(5) The operation, flight
				and maneuvering of aircraft approaching and taking off from the airport can
				conform to the minimum standards of safety required therefor by the general
				operating and flight rules prescribed by part 91 of the Federal Aviation
				Regulations.
(6) Safe and
				compatible air traffic patterns have been worked out for the airport and for
				all existing airports and approved airport sites in its vicinity.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-7 - Issuance of original airport license

Current through June, 2024
Upon receipt of an application for original airport license,
				  the director, with reasonable dispatch, shall issue a license appropriate to
				  the character or type of airport if, on inspection, he is satisfied that the
				  airport in question meets the standards set forth in §
									19-11-6.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-8 - Renewals

Current through June, 2024
All airport licenses shall be renewable annually upon
				  payment of the sum of $10 as the application and upon the same considerations
				  that they were originally issued pursuant to §
									19-11-7.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-9 - Conditions

Current through June, 2024
Notwithstanding §
									19-11-7 and §
									19-11-8, the granting and renewal
				  of airport licenses may be made subject to any reasonable conditions that the
				  director may deem necessary to effectuate the purpose of these rules and those
				  conditions, if any, shall be noted on the face of the original or renewed
				  license.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-10 - Revocation

Current through June, 2024
The director may, after notice and opportunity for hearing
				  to the licensee, revoke any license or renewal thereof or refuse to issue a
				  renewal when he determines that:
(1)
				There has been an abandonment of the airport as such; or
(2) There has been a failure to comply with
				the conditions of the license or renewal thereof; or
(3) Because of a change in the physical or
				legal conditions or circumstances, the airport has become either unsafe or
				unusable for the aeronautical purposes for which the license or renewal was
				issued.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-11 - Public hearings

Current through June, 2024
In connection with the grant of approval of a proposed
				  airport site or the issuance of an airport license or renewal thereof under
				  these rules, the director may, on his own motion or upon the request of an
				  affected person, hold a hearing open to the public and shall hold the hearing
				  when and as required by the provisions of §
									261-13,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-12 - Exemptions

Current through June, 2024
These rules do not apply to airports owned or operated by
				  the United States or to privately owned airports not open to the general
				  public. To the extent necessary, the director may exempt any other class of
				  airports, pursuant to a reasonable classification or grouping, from any rule or
				  requirement under these rules if he finds that its application would be an
				  undue burden on the class and is not required in the interest of public
				  safety.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-13 - Applicability; severability

Current through June, 2024
In any case in which these rules might be finally held to
				  interfere with the use or enjoyment of a particular structure or parcel of land
				  to such an extent as to be in violation of the State constitution or the
				  Constitution of the United States, such holding shall not affect the
				  applicability of these rules to the use of other structures or parcels of
				  land.
These rules are hereby declared to be severable and if any
				  portion or the application thereof to any person, circumstance or property is
				  held to be invalid for any reason, the validity of the remainder of the rules
				  or that of the application of such remainder to other persons, circumstances or
				  property shall not be affected.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-15 - Penalties

Current through June, 2024
Penalties for violation of any of these rules shall be as
				  set forth in §
									261-12, Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 11 - AIRPORT SITE APPROVAL, AIRPORT LICENSING, AND AIRPORT LICENSE RENEWAL › Section 19-11-16 - Repeal

Current through June, 2024
The airport site approval, airport licensing and airport
				  license renewal regulations effective May 11, 1970 and all rules relating to
				  airport site approval, airport licensing and airport license renewal in effect
				  prior to the effective date of this chapter are repealed.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 12 - AIRPORT ZONING › Section 19-12-3 - Kinds of object affected

Current through June, 2024
These rules shall apply to:
(1) Any object of natural growth, terrain, or
				permanent or temporary construction or alteration, including equipment or
				materials used therein, and apparatus of a permanent or temporary character;
				and
(2) Alteration of any permanent
				or temporary existing structure by a change in its height (including
				appurtenances), or lateral dimensions, including equipment or materials used
				therein.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 12 - AIRPORT ZONING › Section 19-12-4 - Zones

Current through June, 2024
For the purpose of these rules, the airport hazard areas
				  shall be divided into the following zones:
(1) Horizontal
(2) Conical
(3) Primary
(4) Approach
(5) Transitional
(6) Heliport primary
(7) Heliport approach
(8) Heliport transitional
Each zone shall be the ground area underlying the airport
				  imaginary surface described in §§ 19-12-5 and 19-12-6, i.e. the
				  horizontal zone shall be the ground area underlying the horizontal surface; the
				  conical zone shall be the ground area underlying the conical surface;
				  etc.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 12 - AIRPORT ZONING › Section 19-12-5 - Civil airport imaginary surfaces

Current through June, 2024
The following civil airport imaginary surfaces shall be
				  established with relation to the airport and to each runway. The size of each
				  imaginary surface shall be based on the category of each runway according to
				  the type of approach available or planned for that runway. The slope and
				  dimensions of the approach surface applied to each end of a runway shall be
				  determined by the most precise approach existing or planned for that runway
				  end.
(1) Horizontal surface shall be a
				horizontal plane one hundred fifty feet above the established airport
				elevation, the perimeter of which shall be constructed by swinging arcs of
				specified radii from the center of each end of the primary surface of each
				runway of each airport and connecting the adjacent ares by lines tangent to
				those arcs. The radius of each arc shall be:
(A) five thousand feet, for all runways
				designated as utility or visual;
(B) Ten thousand feet for all other runways.
The radius of the arc specified for each end of a runway
				  shall have the same arithmetical value. That value shall be the highest
				  determined for either end of the runway. When a five thousand-foot arc is
				  encompassed by tangents connecting two adjacent ten thousand-foot arcs, the
				  five thousand-foot arc shall be disregarded on the construction of the
				  perimeter of the horizontal surface.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 12 - AIRPORT ZONING › Section 19-12-6 - Airport imaginary surfaces for heliports

Current through June, 2024
(a) Heliport
				primary surface. The area of the primary surface shall coincide in size and
				shape with the designated take-off and landing area of a heliport. This,
				surface shall be a horizontal plane at the elevation of the established
				heliport elevation.
(b) Heliport
				approach surface. The approach surface shall begin at each end of the heliport
				primary surface, shall have the same width as the primary surface, and shall
				extend outward and upward at a slope of eight to one for a horizontal distance
				of four thousand feet where its width is five hundred feet.
(c) Heliport transitional surfaces. These
				surfaces shall extend outward and upward from the lateral boundaries of the
				heliport primary surface and from the approach surfaces at a slope of two to
				one for a distance of two hundred fifty feet measured horizontally from the
				centerline of the primary and approach surfaces.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 12 - AIRPORT ZONING › Section 19-12-7 - Height limitations

Current through June, 2024
No structure shall be constructed, erected, altered, or
				  maintained, and no tree shall be maintained in any zone created by these rules
				  to a height which would penetrate the surface established in §§
									19-12-5 and
				  19-12-6.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 12 - AIRPORT ZONING › Section 19-12-9 - Excepted height limitations

Current through June, 2024
Nothing in these rules shall be construed as prohibiting the
				  construction, erection, maintenance, or alteration of any structure, the growth
				  of any tree, or any use below the height limitations established in §
									19-12-7, provided that it does not
				  violate §
									19-12-10.