Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 212 - KEWALO BASIN RULES FOR VESSEL AND HARBOR CONTROLS › Subchapter 2 - VESSELS › Section 15-212-38 - Offer of regular mooring permit valid only ten calendar days; written notice of intention; acceptance; void offer, declining offer

Current through June, 2024
If the applicant decides to accept the offer, the
					 applicant shall, within ten calendar days after the date of receipt of the
					 offer, either deliver a written notice of intention to accept the offer to the
					 HCDA or accept the offer by securing a revocable permit and moving the
					 applicant's vessel into the assigned berth. An applicant who has delivered a
					 written notice of intention to accept the offer shall accept the offer by
					 securing a revocable permit and moving the applicant's vessel into the assigned
					 berth within ten calendar days after the applicant mails or personally delivers
					 the notice of intention to accept to the HCDA. The applicant's application for
					 a revocable permit and the offer by the HCDA of a revocable permit shall be
					 void if the applicant fails to either secure a revocable permit and move the
					 applicant's vessel into the assigned berth or to give notice of intention to
					 accept or decline the offer in writing, within ten calendar days after the date
					 of receipt of the offer, and the revocable permit shall then be offered to the
					 next senior applicant. The failure of an applicant to secure a revocable permit
					 and move the applicant's vessel into the assigned berth within ten calendar
					 days after mailing or personally delivering the notice of intention to accept
					 the offer shall also void the notice of intention, application for a revocable
					 permit and offer by the HCDA of a revocable permit. An applicant for a regular
					 mooring permit may decline an offer to the applicant of a regular mooring
					 permit and retain seniority if the applicant declines the offer in writing
					 addressed to and received by the HCDA, not later than ten calendar days after
					 the date the offer is received. An applicant, who declines an offer in writing
					 and retains seniority pursuant to this section, shall not be considered for a
					 second offer on the basis of seniority until six months elapses after the date
					 of the applicant's first refusal. An applicant's application for a regular
					 mooring permit shall also be void if the applicant fails to accept the second
					 offer of a regular mooring permit to use a berth. Since time is of the essence,
					 an offer delivered or mailed pursuant to section
					 15-212-37 shall contain a
					 statement that the offer will lapse unless accepted in accordance with this
					 section. For the purpose of this section, an applicant who declines a berth
					 shall not be classified as having declined a berth if conclusive evidence is
					 presented to the HCDA that for reasons of safety or navigation the berth
					 offered is unsuitable for the applicant's vessel. The HCDA may extend the
					 deadline for acceptance if the applicant presents conclusive evidence to the
					 HCDA that the granting of additional time is necessary for the construction and
					 delivery of the vessel or reasonable and essential to prevent undue hardship.
					 Any extension of time for compliance shall not exceed a period of
					 one-hundred-twenty days from the date the HCDA received from the applicant a
					 written notice of intention to accept the offer of a revocable permit. This
					 exception is only applicable to an applicant who has been offered a regular
					 mooring permit.