reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 15-16-40 - Petition

Current through June, 2024
Any interested person may petition the authority for a
					 declaratory order as to the applicability of a statutory provision or any rule
					 or order of the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 15-16-41 - Submission of petition

Current through June, 2024
(a) The petition
				  shall be submitted to the office of the authority.
(b) In addition to the requirements contained
				  in section 15-16-19, the petition shall set forth the following:
(1) Designation of the specific statute,
				  rule, or order in question.
(2) A
				  complete statement of facts.
(3) A
				  statement of the nature of petitioner's interest, including the reasons for
				  submitting the petition.
(4) A
				  statement of the position or contention of the petitioner.
(5) A full discussion of the reasons,
				  including any legal authorities, in support of petitioner's position or
				  contention.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 15-16-43 - Refusal to issue declaratory ruling

Current through June, 2024
(a) The authority
				  may refuse to issue a declaratory ruling for good cause.
(b) Without limiting the generality of the
				  foregoing, the authority may so refuse where:
(1) The question is speculative or purely
				  hypothetical and does not involve existing fact, or facts which can reasonably
				  be expected to exist in the near future.
(2) The petitioner's interest is not a type
				  which would give him standing to maintain an action if he were to seek judicial
				  relief.
(3) The issuance of the
				  declaratory ruling may adversely affect the interests of the State, the
				  authority, or any of their officers or employees, in litigation which is
				  pending or may reasonably be expected to arise.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 15-16-44 - Referral to other agencies

Current through June, 2024
Where a question of law is involved, the authority may
					 refer the matter to the attorney general. The authority may also obtain
					 assistance from other agencies, when necessary or desirable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 15-16-45 - Notification of petitioner

Current through June, 2024
The petitioner shall be informed by the authority by
					 certified mail upon the disposition of the petition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 15-16-46 - Status of orders

Current through June, 2024
Orders disposing of petitions have the same status as
					 other authority orders. Orders shall be applicable only to the fact situation
					 alleged in the petition or set forth in the order. They shall not be applicable
					 to different fact situations or where additional facts not considered in the
					 order exist.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 15-16-47 - Time limit

Current through June, 2024
The authority shall render a decision on a petition for
					 declaratory ruling upon receipt of a complete petition but in no event later
					 than the second regular monthly meeting at which it could have properly noticed
					 consideration of the petition on its agenda.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-51 - Informal discussion

Current through June, 2024
A person seeking a variance from provisions of the Kakaako
					 community development district plan or rules with respect to a parcel or
					 parcels of land may discuss the matter informally with the executive director
					 or a designated representative of the executive director.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-52 - Application

Current through June, 2024
A person may apply to the authority for a variance by
					 completing the appropriate "Application for Variance" form. The completed
					 application shall be filed at the office of the Hawaii community development
					 authority with the proper signatures, exhibits and data required by the
					 application form.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-53 - Fee

Current through June, 2024
(a) The filing fee of two-hundred dollars
				  plus the cost of publishing the public hearing notice shall be submitted with
				  the variance application. The cost of the hearing notice shall be refunded only
				  if the public hearing notice has not been submitted to the publishing
				  agency.
(b) Government agencies are
				  exempt from the application fee.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-54 - Executive director's report

Current through June, 2024
(a) Following a
				  determination that the application is complete, including payment of the fee,
				  the submittal of the required information and drawings, and the authorization
				  of the fee owner of the parcel (deed holder) or the owner of the right to use
				  the property, the executive director shall initiate an investigation of the
				  facts upon which the variance request is based. This investigation may include
				  a visit to the site and such record searches as are necessary.
(b) The executive director shall prepare a
				  report for the authority which shall include a finding of facts, justification
				  statements made by the applicant, pertinent plan and rule references, violation
				  notices if any, and an analysis relating the facts found to the variance
				  criteria specified by the Kakaako community development district
				  rules.
(c) The report shall include
				  the executive director's recommended action based on the analysis.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-55 - Hearing

Current through June, 2024
(a) The executive director shall place the
				  matter on the agenda of the authority, publish a public hearing notice and send
				  a copy of the report to each authority member. The applicant shall be sent a
				  notice of the public hearing and a copy of the executive director's report, and
				  requested to be present at the public hearing.
(b) Notice of the public hearing shall be
				  published at least once in a daily newspaper of general circulation in the
				  state, not less than twenty days prior to the hearing.
(c) The public hearing shall afford
				  interested persons a reasonable opportunity to be heard and to present evidence
				  and argument either for or against the request.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-56 - Decision

Current through June, 2024
(a) If the authority finds that a requested
				  variance meets the applicable variance conditions set forth in section 15-22-14
				  of the Kakaako community development district rules, it shall grant the
				  variance, and may attach to its approval such terms and conditions as it deems
				  appropriate.
(b) If the authority
				  cannot find that a requested variance meets the applicable variance conditions,
				  it shall deny the variance.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-57 - Examination of evidence

Current through June, 2024
(a) Whenever the
				  decision of the authority is adverse to the applicant, and all authority
				  members have not heard and examined all of the evidence, a proposal for
				  decision must be prepared and served upon the applicant. Said proposed decision
				  shall contain a statement of reasons, including a determination of each issue
				  of fact or law necessary to the proposed decision.
(b) The applicant shall be afforded an
				  opportunity to file exceptions to the proposed decision and present argument to
				  the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - ZONING VARIANCE › Section 15-16-59 - Variance term

Current through June, 2024
A variance, when approved, runs with the land, except in
					 those cases where the authority has qualified its approval by attaching
					 conditions which limit the term of the variance.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - VARIANCE RECONSIDERATION › Section 15-16-66 - Types of reconsideration

Current through June, 2024
The authority may reconsider its own action in approving
					 or denying a variance application as follows:
(1) The authority may entertain a request for
				  reconsideration of a decision and order if a written petition is received
				  within thirty calendar days from the date the decision and order was received
				  by the applicant.
(2) The authority
				  may reconsider a decision and order at any time if it has reason to believe
				  that the findings of material fact in a case may have changed to the extent
				  that they would no longer support its findings or if the executive director
				  reports to them that an applicant has not complied with the conditions attached
				  to a variance decision and order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - VARIANCE RECONSIDERATION › Section 15-16-67 - Petition

Current through June, 2024
A written petition for reconsideration shall include new
					 supporting evidence or new justification for the action sought by the
					 petitioner which was not included in the record on which the authority made its
					 decision.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - VARIANCE RECONSIDERATION › Section 15-16-68 - Executive director's action

Current through June, 2024
(a) The receipt of
				  the petition shall be in writing and the petitioner shall be informed whether
				  the petition was received within the prescribed thirty days and will be
				  transmitted to the authority, or whether it was not received within the
				  required period and will not be transmitted to the authority.
(b) Other persons interested in the case,
				  shall also be informed of the petition and notified that they may submit
				  written testimony concerning the petition within ten calendar days.
(c) Within thirty days of receipt of a
				  petition, the executive director shall transmit the request to the authority
				  for action together with copies of the authority decision and order,
				  appropriate minutes, written testimony from persons interested in the case if
				  any, and a review of the record to determine whether in the executive
				  director's opinion the evidence or justification furnished is already in the
				  record, and without any recommendations of action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - VARIANCE RECONSIDERATION › Section 15-16-69 - Authority action

Current through June, 2024
Upon receiving the petition and associated papers from the
					 executive director, the authority shall examine the documents and determine
					 whether the petition appears to include new evidence or justification. If new
					 evidence or justification is apparent, the authority shall place the case on
					 the agenda for its next meeting; if not, the authority shall ask the executive
					 director to inform the petitioner of its findings and that the petition is
					 denied.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - VARIANCE RECONSIDERATION › Section 15-16-70 - Reconsideration

Current through June, 2024
Upon granting a request for reconsideration, the matter
					 shall be deemed reopened for the limited purpose of hearing evidence and
					 justifications as set forth in the request for reconsideration. The petitioner
					 shall be notified by certified mail of the time and place that the
					 reconsideration is scheduled. Interested persons shall be notified by first
					 class mail.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - VARIANCE RECONSIDERATION › Section 15-16-71 - Changed conditions or non-compliance

Current through June, 2024
(a) At the
				  authority's request, or the executive director's own initiative, the executive
				  director shall prepare a report regarding any variance in force when there is
				  reason to believe that there has been a change of the conditions of material
				  fact on which the variance decision and order were based, or that conditions
				  attached to a variance approval have not been complied with. Copies of the
				  report shall be sent to the authority, and the matter shall be placed on the
				  authority's meeting agenda.
(b) In
				  the same manner and at the same time it examines a reconsideration petition for
				  new evidence or justification, the authority will examine the executive
				  director's report and decide whether the evidence presented warrants
				  reconsideration of its decision and order. If so, a new public hearing on the
				  case will be noticed following the same procedure as set forth in §
				  15-16-55.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - APPEAL FROM ACTIONS OF THE EXECUTIVE DIRECTOR › Section 15-16-76 - Application

Current through June, 2024
A person appealing from an action of the executive
					 director in the administration of the Kakaako community development district
					 plan or rules shall submit a written petition to the authority setting
					 forth:
(1) Appellent's name, mailing
				  address, and telephone number;
(2)
				  Identification of the property and the petitioner's interest therein;
(3) Designation of the specific applicable
				  provision of the plan or rules;
(4)
				  The action of the executive director that is being appealed;
(5) All pertinent facts; and
(6) Reasons for the appeal, including a
				  statement as to why the applicant 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 that the executive
				  director manifestly abused his/her discretion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - APPEAL FROM ACTIONS OF THE EXECUTIVE DIRECTOR › Section 15-16-77 - Appeal deadline

Current through June, 2024
The authority shall not entertain a petition appealing an
					 action of the executive director unless a written petition is received within
					 thirty calendar days from the date of receipt of the written decision of the
					 executive director.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - APPEAL FROM ACTIONS OF THE EXECUTIVE DIRECTOR › Section 15-16-78 - Executive director's action

Current through June, 2024
(a) Within ten days
				  after receipt of an appeal petition, the executive director shall forward a
				  copy of the petition to the department of the attorney general and request
				  appointment of a deputy to defend the executive director. The executive
				  director shall also forward copies of the petition to the authority.
(b) The deputy attorney general representing
				  the executive director shall prepare a reply to the charges made by appellant's
				  petition, and copies thereof shall be mailed to the authority and to the
				  appellant. As soon as this has been accomplished, but no later than forty-five
				  days from receipt of the petition, the executive director shall place the
				  matter on the agenda of the authority for a meeting date agreeable to both the
				  appellant and the deputy attorney general representing the executive
				  director.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - APPEAL FROM ACTIONS OF THE EXECUTIVE DIRECTOR › Section 15-16-79 - Hearing

Current through June, 2024
(a) A public hearing notice shall be
				  published, and hearing requirements of sec. 15-16-55 shall be
				  satisfied.
(b) At the public
				  hearing, both sides shall be entitled to call witnesses, to cross-examine, and
				  to make legal arguments. The public hearing shall afford the appellant and all
				  other interested persons a reasonable opportunity to be heard and to present
				  evidence and argument either for or against the appeal. The hearing shall be
				  conducted in conformity with the applicable provisions of sections
				  91-9,
				  91-10,
				  and
				  91-11,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - APPEAL FROM ACTIONS OF THE EXECUTIVE DIRECTOR › Section 15-16-80 - Consultation by authority members prohibited

Current through June, 2024
No authority member shall consult any person on any issue
					 of fact regarding the appeal except upon notice and opportunity for all parties
					 to participate.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - APPEAL FROM ACTIONS OF THE EXECUTIVE DIRECTOR › Section 15-16-81 - Decision

Current through June, 2024
An appeal shall be sustained only if the authority finds
					 that the executive director's action was based on an erroneous finding of a
					 material fact, or that the executive director had acted in an arbitrary or
					 capricious manner or had manifestly abused his/her
					 discretion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - APPEAL FROM ACTIONS OF THE EXECUTIVE DIRECTOR › Section 15-16-82 - Order

Current through June, 2024
(a) The authority shall require the
				  prevailing party to draft an order embodying the authority's decision and
				  order, including findings of fact and conclusions of law, following the normal
				  format for such authority documents. The other party shall review the draft
				  order for approval as to form, and be allowed to present exceptions thereto and
				  oral argument in support of said exceptions, and the authority shall then
				  consider and adopt the appropriate Decision and Order including Findings of
				  Fact and Conclusions of Law.
(b)
				  Following the authority's adoption of the order, the executive director shall
				  promptly send a copy of the order by certified mail to the appellant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-90 - Applicability

Current through June, 2024
This subchapter is promulgated for the enforcement of the
					 planning and zoning rules pertaining to real property located within the mauka
					 and makai areas of the Kakaako community development district. Requirements of
					 the mauka area rules, chapter
					 15-22, and the makai area rules,
					 chapter
					 15-23, shall be enforced by the
					 authority and penalties for violations 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 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-91 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Days" means calendar days unless otherwise
					 specified.
"Repeated violation" means a recurrence of the same type
					 of violation or of the same permit condition, at the same location, by any one
					 or more previous violators.
"Violation" means nonconformance with respect to use,
					 development standards, permit conditions or associated misrepresentations as
					 follows:
(1) USE - Utilization of any structure or land for an
					 activity not permitted in a land use zone pursuant to provisions of subchapters
					 1 and 2 of chapters
					 15-22 or 15-23.
(2) DEVELOPMENT STANDARDS - Location or construction of any
					 structure inconsistent with standards and procedures prescribed in subchapters
					 1, 3, 4, and 5 of chapters
					 15-22 or 15-23.
(3) PERMIT CONDITIONS - Breach of a term or condition of
					 any permit or other authorization issued pursuant to chapters
					 15-22 or 15-23.
(4) MISREPRESENTATIONS - Misrepresentation of fact on any
					 application, plan or other information submitted to obtain any authorization or
					 permit, including but not limited to representations made in affidavits,
					 recorded covenants, parking agreements, and joint development
					 agreements.
"Violator" means any person, persons, organization,
					 partnership, firm, association, trust, estate, public or private corporation,
					 or any other legal entity that has an interest in the property on which the
					 violation occurs.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-92 - Issuance of notice of violation and citation

Current through June, 2024
(a) Upon
				  determination of a violation, the executive director may issue a notice of
				  violation and citation.
(b) Service
				  of notice of violation and citation shall be in person or by certified mail,
				  restricted delivery, return receipt requested.
(c) The notice of violation and citation
				  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 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-93 - 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
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) The intent of the violator to comply, if
				  it has been expressed to the executive director;
(4) Procedural requirements for obtaining a
				  permit or authorization to carry out corrective action;
(5) The complexity of the corrective action
				  required, including construction requirements and the legal prerogatives of
				  landlords and tenants; and
(6) 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 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-94 - 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;
(4) Whether there are
				  multiple violations; and
(5)
				  Whether it is a repeated violation as defined in section 15-16-91.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-95 - Right to appeal

Current through June, 2024
Unless otherwise provided in this subchapter, any person
					 served with a notice of violation and citation pursuant to this subchapter may
					 appeal the notice of violation and citation to the authority in accordance with
					 subchapter 7 of chapter
					 15-16. The appeal must be filed with
					 the authority within thirty (30) days from the date of receipt of the notice.
					 The notice becomes final and not appealable thirty (30) days after its receipt.
					 An appeal to the authority shall not stay any provision of the notice of
					 violation and citation, or the fines imposed thereby.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-96 - Right to apply for variance

Current through June, 2024
The notice of violation and citation shall advise the
					 violator that variance procedures are available as prescribed in subchapter
					 5 of chapter
					 15-16. An application for variance
					 shall not affect, interfere with or postpone any administrative proceedings and
					 penalties initiated under this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-97 - Other legal remedies

Current through June, 2024
(a) The executive
				  director may institute a civil action in any court of competent jurisdiction
				  for the enforcement of any citation issued pursuant to this section. Where the
				  civil action has been instituted to enforce the civil fine imposed by said
				  citation, the executive director need only show that the notice of violation
				  and citation was served, that a fine was imposed and the amount of the fine,
				  that the fine imposed has not been paid, that either no appeal or request for
				  variance was made or that an appeal of the citation was upheld by the
				  authority.
(b) The executive
				  director may refer violations to the attorney general's office for criminal
				  prosecution or pursue any other legal means to correct the violations or to
				  collect unpaid fines, or both.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 16 - RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - ADMINISTRATIVE PROCEDURES AND PENALTIES RELATING TO VIOLATIONS OF MAUKA AND MAKAI AREA RULES › Section 15-16-98 - 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 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 2 - COSTS › Section 15-19-11 - Costs to be borne by the authority

Current through June, 2024
(a) Except as
				  otherwise provided herein, if the authority decides to establish, open,
				  construct or acquire a public facility under the provisions of this chapter,
				  the authority may pay for the interest on assessment area bonds during the
				  period of construction of the public facility and for a period of up to one
				  year after the completion of such construction and the cost of engineering,
				  incidentals, inspections, surveys, maps, plans, drawings, specifications, other
				  engineering data, publication of notices of hearing, mailing notices to owners
				  and lessees, services of bond counsel, printing of bonds and a prospectus on
				  the sale of bonds, publication of notice of sale of bonds, execution and
				  delivery of bonds, paying agents' fees and expenses, other reimbursements to
				  paying agents and publication of notices of redemption. The authority may
				  assume any part of other costs of the assessment area, or the authority may
				  assess the whole or any part of the cost against the real property according to
				  the special benefits arising therefrom.
(b) Notwithstanding the provisions of
				  subsection (a), the authority shall not bear the costs of inspections requested
				  to be made during any hour after the normal working hours of the authority on
				  any work day, or on a Saturday, Sunday or legal holiday. The normal working
				  hours of the authority are from 7:45 a.m. to 4:30 p.m., Monday to
				  Friday.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 2 - COSTS › Section 15-19-12 - Costs to be borne by the county

Current through June, 2024
The county in which the improvements are situated may
					 assume and pay out of its funds available for these purposes, all or any part
					 of the cost of improvements in the assessment area. The amount and nature of
					 the costs to be borne by the county shall be as mutually agreed to between the
					 authority and the county.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 2 - COSTS › Section 15-19-13 - Costs of water system

Current through June, 2024
If the improvement includes the construction of
					 improvement of a water system, the county board of water supply may assume and
					 pay out of its funds available for these purposes, all or any part of the costs
					 of construction or improvement of the water system. The amount and nature of
					 the costs to be borne by the county board of water supply shall be as mutually
					 agreed to between the authority and the county board of water
					 supply.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 2 - COSTS › Section 15-19-15 - Connection by the authority to underground public utility facilities

Current through June, 2024
(a) Whenever any public utility company has
				  relocated its utility lines and related facilities underground in compliance
				  with this chapter the authority may, in lieu of the procedures prescribed in
				  section 15-19-14 include the installation of the underground lateral
				  connections within private properties as part of an assessment area so as to
				  assure the timely removal of utility poles.
(b) When the installation of the lateral
				  connection is performed as part of an assessment area, the cost thereof shall
				  be added to the property owner's share of the cost of assessments and if the
				  property owner elects to pay said assessment in installments, it shall be
				  payable in the same manner and at the same rate of interest as prescribed for
				  the payment of assessments.
(c) In
				  the case of connections to be made on properties owned by government, an
				  eleemosynary organization, or an entity exempted by law from the payment of
				  assessments, the cost thereof shall be assumed and paid for by the affected
				  government agency, eleemosynary organization, or entity, subject to the same
				  manner and subject to the same rate of interest to be established by the
				  authority for the assessment area.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 2 - COSTS › Section 15-19-16 - Costs related to refunding assessment area bonds

Current through June, 2024
In the event the authority shall issue refunding
					 assessment bonds pursuant to this chapter, the authority may pay for all costs
					 related or incidental to effecting such refunding, including without
					 limitation, redemption premiums, the cost of publication of notices of hearing,
					 printing costs for assessment billings, mailing notices to owners and lessees,
					 services of bond counsel, other reimbursements to paying underwriter fees,
					 printing of such bonds and a prospectus on the sale of such bonds, publication
					 of any notice of sale of such bonds, execution and delivery of such bonds,
					 paying agents' and registrars' fees and expenses, publication of notice of
					 refunding and of redemption, or the authority may assess the whole or any part
					 of such cost against the real property according to the special benefits
					 arising therefrom.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-22 - Public hearing

Current through June, 2024
(a) After receipt
				  of the executive director's report, the authority may act to propose the making
				  of an improvement or improvements and creation of assessment areas based upon
				  the information and data provided in the report. Assessment area rules shall
				  also be drafted incorporating the latest available data. Public hearing on the
				  assessment area rules may be held together with the hearing on creation of the
				  assessment area.
(b) Notice of
				  public hearing shall comply with the requirements of chapter
				  91, HRS, and at least once in a daily
				  newspaper of general circulation in the county and state in which improvements
				  are proposed. The notice shall contain a statement describing the proposed
				  assessment area rules, including the description of the assessment area, the
				  real property proposed to be assessed or acquired and the general details of
				  the proposed improvement or improvements. The notice shall also state the time,
				  date and place of the public hearing wherein persons may object to and suggest
				  modifications to the proposed improvement or improvements and where the reports
				  and other data relating to the proposed assessment area or areas may be seen
				  and examined prior to the hearing.
(c) In addition to the notice requirement of
				  subsection (b), notice by certified or registered mail with a request for a
				  return receipt shall be given to the several owners and lessees on record at
				  the county department of finance. The notice shall be mailed to the address on
				  record at the department and shall be sent no later than the date of notice of
				  public hearing and shall state the time, date, and place of the hearing where
				  persons may object to and suggest modifications to the proposed improvement or
				  improvements and where reports and other data relating to the proposed
				  assessment area or areas may be seen and examined prior to the
				  hearing.
(d) Rules required by this
				  section shall define and establish the assessment area or areas, define the
				  extent and describe the general details of the proposed improvement or
				  improvements, describe each parcel of real property to be acquired, declare the
				  part or portion of the cost of improvement or improvements to be borne by the
				  authority, declare the part or portion of the cost of improvement or
				  improvements to be borne by the county, declare the method of assessment, the
				  portion of the cost of the improvement or improvements to be borne by the
				  owners of real property, and the assessment on each lot.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-23 - Determination by the authority

Current through June, 2024
(a) After holding
				  the public hearing provided for in section 15-19-22, the authority shall
				  determine whether or not the proposed improvement or improvements and the
				  creation of the assessment area shall be made and, if made, whether the rules
				  setting forth the details of the assessment program should be adopted. A
				  determination to proceed with the improvements shall require an affirmative
				  vote of not less than two-thirds of all members to which the authority is
				  entitled.
(b) If the authority
				  determines to proceed with the improvement or improvements, it shall adopt the
				  rules as heard or with modifications and direct the executive director to
				  prepare construction bid documents, including a map of the assessment area or
				  areas showing the exact location of the proposed improvement or improvements
				  together with final details, plans and specifications for the work in a form to
				  call for and encourage competitive bidding, wherever feasible. The description
				  and definition herein required may be set forth expressly or be incorporated
				  therein by referring to the data of the preliminary assessment area map and
				  report or to the final engineering design report theretofore presented to the
				  authority.
(c) If the proposed
				  improvement or improvements include the construction or improvement of a water
				  system, the authority shall work with the county board of water supply and
				  prepare final details, plans and specifications for adequate and appropriate
				  conduits, pipes, hydrants and other appurtenances for a water system and shall,
				  upon completion, make them available to the county board of water supply. The
				  map of the assessment area or areas showing the exact location of the proposed
				  improvement or improvements, and the final details, plans and specifications of
				  the authority and the county board of water supply shall be used as the basis
				  for the calling for bids and awarding of contract.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-24 - Construction contract bids and conditional award

Current through June, 2024
(a) The
				  authority shall advertise for bids on the construction of the approved
				  improvements.
(b) The lowest
				  responsible bidder shall be awarded a conditional contract, subject, however,
				  to the holding of a public hearing on the final assessment area rules, approval
				  by the authority and by the governor of the final assessment area rules, and
				  the availability of sufficient funds.
(c) Where improvements within an assessment
				  area are divided into sections or portions for the purposes of calling for bids
				  thereon, construction costs for said sections or portions may be consolidated
				  for the purpose of determining assessments or expenses.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-25 - Hearing on final assessment area rules

Current through June, 2024
(a) After the bid
				  of the lowest responsible bidder has been received for the construction of the
				  improvements, the authority shall hold a public hearing on the final assessment
				  area rules.
(b) Final assessment
				  area rules shall incorporate data from the final assessment area report. The
				  rules shall include an assessment roll, a description of properties to be
				  assessed including all data required in the application of the assessment
				  formula, the amounts proposed to be assessed against the property in the
				  benefited area or in the several subareas or zones thereof, if any, and a list
				  of all owners and lessees on record with the county department of finance, of
				  the land fronting upon the highway or highways or situated within the
				  assessment area.
(c) Public hearing
				  notice shall be provided as required by chapter
				  91, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-26 - Hearing on individual assessments

Current through June, 2024
(a) Prior to the
				  award of the construction contract referred to in section 15-19-24 of this
				  chapter, the authority shall afford landowners and lessees a hearing on the
				  equity in the application of the assessment formula to individual lots. The
				  hearing may be combined with the hearing on the final assessment area
				  rules.
(b) The hearing held under
				  this section shall satisfy the requirements of chapter
				  91, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-27 - Notice of improvement authorized

Current through June, 2024
(a) After the bid
				  of the lowest responsible bidder has been received for the construction of the
				  improvements, and a hearing is held on the final assessment area rules, the
				  authority shall thereupon give notice as to its decision on the rules. Data
				  regarding the total amount of the cost of the improvement or improvements based
				  upon the bid of the lowest responsible and reliable bidder, the share per front
				  foot or per square foot or real property tax assessment or per floor area
				  ratio, as the case may be, proposed to be charged to the benefited area or
				  subareas or zones, if any, and the assessment map, assessment roll and
				  description of properties shall be made available for examination at the office
				  of the authority during business hours.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 19 - DISTRICT-WIDE IMPROVEMENT PROGRAM RULES › Subchapter 3 - ASSESSMENT AREA PROCEDURE › Section 15-19-28 - Acquisition of land

Current through June, 2024
(a) In the event
				  the improvement or improvements proposed require the acquisition of any land
				  therefor, the authority shall acquire the same before final award of the
				  contract, either by deed, or other voluntary conveyance from the owners
				  thereof, or it may, at its option, and in the name of the authority cause
				  condemnation proceedings to be brought to acquire the same in like manner as by
				  law provided or in like proceedings when brought by the State, and after the
				  filing of the petition in the proceedings the final award of the contract may
				  be made. If the cost of acquiring the land exceeds the estimate, the authority
				  may seek additional appropriations to provide for the excess cost.
(b) Land acquired through condemnation shall
				  be pursuant to chapter 101, HRS.