reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 8 - FOREIGN-TRADE ZONE NO › Section 15-8-3 - Tariff; changes to tariff

Current through June, 2024
(a) In accordance
				with the Free Trade Zone Act , Public Law 73-397, as amended by Public Law
				81-366, (
				19
				USC 81a -
				81u
				), and regulations of the U.S. Foreign-Trade Zones Board, the director has
				issued a tariff, known as Tariff No. 1, which contains current rates, rules,
				and regulations governing use of the zone.
(b) The director reserves the right to change
				said tariff to comply with provisions of applicable federal law, and to change
				said tariff from time to time as economic conditions and department needs may
				dictate.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 8 - FOREIGN-TRADE ZONE NO › Section 15-8-5 - Inspection of tariff

Current through June, 2024
Copies of the tariff and the zone users directives may be
				  inspected by the public by calling at the zone offices during office
				  hours.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 1 - GENERAL PROVISIONS › Section 15-10-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide rules governing
					 the procurement, control, distribution, and sale of petroleum products in the
					 event of a fuel shortage as defined in Section
					 125C-2,
					 Hawaii Revised Statutes, in compliance with section
					 125C-4
					 and
					 125C-23,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-3 - Odd-even sales restrictions

Current through June, 2024
(a) At the retail
				  level, motor fuels shall not be dispensed into any vehicle on any odd-numbered
				  day of the month (1st, 3rd, 27th, etc.) unless the last numerical digit on the
				  license plate of that vehicle is odd.
(b) At the retail level, motor fuels shall
				  not be dispensed into any vehicle on any even-numbered day of the month (2nd,
				  4th, 30th, etc.) unless the last numerical digit on the registration (license)
				  plate of that vehicle is even.
(c)
				  In the event that there are no numerical digits, but only letters (e.g., as in
				  some personalized license plates), the registration plate shall be considered
				  even.
(d) For any calendar month
				  consisting of an odd number of days (31, or 29 for February in leap years),
				  fuel sales made on the last day of the month will not be subject to the
				  odd-even restriction, but shall be made without regard to the license plate of
				  the vehicle.
(e) Motor fuel
				  purchases made at self-service gasoline stations, whether payment is made by
				  insertion of a credit card in a card-reading mechanism, by the use of
				  coin-operated pumps, or by payment to a cashier, shall be governed by the same
				  odd-even rules. During a declared shortage situation, an attendant shall be
				  present to verify the odd or even license number and compliance with other
				  rules as applicable.
(f) Odd-even
				  sales restrictions shall not apply to:
(1)
				  Vehicles in priority categories as provided in section
				  15-10-18(3)
				  and (4);
(2) Vehicles displaying
				  the Kahili sticker on the windshield indicating a disabled person;
(3) Commercial vehicles marked with an
				  appropriate sticker; or
(4)
				  Vehicles operated in an unusual emergency situation in the judgment of the
				  retail station operator.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-4 - Minimum and maximum purchase requirements

Current through June, 2024
(a) Specific
				  minimum dollar amount or volume of motor fuel shall be purchased for a single
				  vehicle during a single transaction. When the minimum amount specified, in the
				  governor's executive order is a whole dollar amount, it shall include all
				  applicable taxes. If the vehicle's tank cannot hold the entire amount of fuel
				  covered by the minimum dollar amount or volume, the retailer may collect the
				  total amount of the required minimum sale. Under no circumstances shall a
				  separate container be used for fuel to make up the difference between the
				  vehicle's capacity and the specified minimum purchase. Signs clearly detailing
				  the minimum purchase rule shall be displayed on each motor fuel pump at every
				  retail station.
(b) The minimum
				  purchase requirement restriction shall not apply to the following:
(1) Vehicles having a tank capacity of eight
				  gallons or less;
(2) Motorcycles,
				  mopeds, and similar two or three-wheeled vehicles;
(3) Police, fire, ambulance, or other
				  emergency vehicles; or
(4) Vehicles
				  operated in an unusual emergency situation in the judgment of the retail
				  station operator.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-5 - Maximum purchase for separate containers

Current through June, 2024
Not more than two gallons or eight liters of motor fuel
					 shall be sold or purchased for delivery into a "safety approved" container
					 other than the fuel tank of a vehicle, to be transported away from the premises
					 of a retail seller. This restriction shall not apply to containers to be used
					 for a commercial purpose, such as for fueling commercial landscaping or
					 construction equipment, electrical generators, etc.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-6 - Posted hours of operation

Current through June, 2024
(a) Each motor fuel
				  retailer shall post signs clearly legible from off the premises indicating the
				  days and hours during which motor fuels shall be dispensed to the general
				  public. The signs may include, but are not limited to, the weekend day and time
				  the station will be open. The retailer shall dispense motor fuel during the
				  days and hours posted on the sign. The opening time shall be stated. Other
				  selling times shall also be stated, but may be qualified with the statement "if
				  daily gas allocation still available" or other similar language. If a queue
				  exists when a retailer nears the end of the retailers daily allocation of fuel
				  or nears closing time for the sale of fuel, a sign may be placed on the rear of
				  the last vehicle the retailer reasonably feels may be serviced, stating "LAST
				  CAR FOR GAS."
(b) Every motor fuel
				  retailer shall open for public sale of fuel at or before 6:00 a.m., Monday
				  through Friday, unless exempted. Stations may continue public sales at any
				  other times not expressly prohibited by this chapter.
(c) Weekend and holiday sales of motor fuel
				  shall be coordinated by the division of measurement standards, state department
				  of agriculture, so that to the extend possible, at least one station in each
				  area shall have pumps open on weekends and holidays during the hours from 8:00
				  a.m. to 5:00 p.m. unless at least one-sixth of the retailer's weekly motor fuel
				  allocation is sold before 5:00 p.m. This subsection shall not apply to any
				  motor fuel retailer who is out of fuel because of later delivery or who has
				  fewer than three pumps installed at the retail station.
(d) Motor fuel retailers having regular
				  commercial customers who are in priority category (as provided in section
				  15-10-18(3)
				  and (4) shall establish certain hours of operation, which shall be posted in
				  accordance with subsection (a), to service priority and commercial customers
				  who are not subject to the restrictions which apply to the general public. Such
				  commercial vehicles shall be issued a sticker indicating their priority and
				  exemption from the restrictions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-7 - Prohibited hours of sale

Current through June, 2024
The dispensing of fuel by motor fuel retailers may be
					 prohibited during certain hours in urban or congested areas to prevent queues
					 from interfering with peak hour traffic flow. For example, that dispensing may
					 be prohibited between 7:00 a.m. and 8:15 a.m. and between 4:00 p.m. and 6:00
					 p.m., Monday through Friday in the city and county of
					 Honolulu.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-8 - Sales limited to daily allocations

Current through June, 2024
Motor fuel retailers shall manage their monthly fuel
					 supply so that it will last through the month. A daily allocation of fuel shall
					 be determined by dividing the dealer's monthly fuel supply allocation by the
					 number of days in the month on which motor fuel sales shall be made. A motor
					 fuel retailer may sell up to ten per cent of the next day's allocation in
					 addition to the current day's allocation, provided that the following day's
					 sale of fuel is reduced by the amount.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-9 - Uniform flag system

Current through June, 2024
(a) Motor fuel
				  retailers shall indicate their fuel supply and service situation by the display
				  of a flag at least eighteen inches square and easily visible from off the
				  premises. The flags shall have the following colors and corresponding meanings:
(1) Green flag means motor fuel is available
				  to the general public;
(2) Red flag
				  means motor fuel is not available and the station is closed or open only for
				  auto servicing; and
(3) Yellow flag
				  means motor fuel is available only to emergency vehicles or others exempt from
				  the order and the station is open for auto servicing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 2 - RETAIL SALES MEASURES › Section 15-10-10 - Applicability; violations

Current through June, 2024
(a) Unless
				  otherwise specified, this chapter shall apply to a:
(1) Vehicle operator;
(2) Motor fuel retailers; or
(3) Motor fuel retailer or an employee
				  thereof.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-11 - Set-aside system

Current through June, 2024
(a) In the absence
				  of a federally authorized set-aside system, the governor or a authorized
				  representative, in order to manage an energy shortage within the State, may
				  implement a state set-aside system for any or all of the following petroleum
				  products: motor gasoline, diesel fuel, heating oil, kerosene, propane, and
				  residual fuel oil.
(b) A shortage
				  management center (SMC) within the department shall direct prime suppliers to
				  make available to the State each month a percentage, not to exceed five per
				  cent of the total amount of each designated petroleum product which they expect
				  to make available for sale within the State during that month. The SMC shall
				  assign set-aside supplies to meet the emergency and hardship needs of wholesale
				  purchaser-consumers, particularly those in certain priority categories such as
				  police and fire departments, medical and health care, public transportation,
				  etc. Additionally, the set-aside program shall permit the SMC to make
				  assignments of fuel to commercial and priority end-users who customarily
				  purchase fuel from a wholesale purchaser-reseller, through the appropriate
				  supplier, to alleviate hardships, and also through the appropriate suppliers,
				  to alleviate unusual shortage conditions in a shortage area.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-12 - Set-aside volume

Current through June, 2024
(a) The SMC shall
				  notify each prime supplier of the monthly set-aside percentage, not to exceed
				  five per cent, applicable to each product subject to the set-aside program.
				  Prime suppliers shall be notified of set-aside percentages not later than
				  fifteen days prior to the beginning of each allocation month.
(b) The total set-aside volume available to
				  the SMC for any particular month shall be the sum of the amounts calculated by
				  multiplying the state set-aside percentage level by each prime supplier's
				  estimated supply for that month which will be sold into the state's
				  distribution system for consumption within Hawaii. The set-aside for a
				  particular month shall not be accumulated or deferred by the State, but shall
				  be made available from current monthly stocks of prime suppliers.
(c) The SMC shall confirm the set-aside
				  volume for a particular month from the supplier's monthly report (Form EIA 782C
				  which shall be received by the SMC not later than five working days prior to
				  the first day of the applicable month.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-13 - Assignment of set-aside

Current through June, 2024
(a) At any time
				  during the month the SMC may order the assignment of all or part of a prime
				  supplier's set-aside volume through the prime supplier's normal distribution
				  system in the State.
(b) The SMC
				  shall assign set-aside to meet emergency and hardship requirements of all
				  wholesale purchaser-consumers and end-users who customarily purchase fuel from
				  wholesale purchaser-resellers. The SMC may direct a prime supplier to supply
				  set-aside to a wholesale purchaser-consumer or bulk-purchasing end-user
				  directly, or to supply set-aside through the appropriate supplier to a
				  commercial or priority end-user who purchases fuel at retail.
(c) The SMC shall not authorize assignment of
				  set-side fuel for requests involving less than fifty gallons, except in special
				  cases.
(d) From time to time, the
				  SMC may designate shortage areas. At any time during the month, the SMC may
				  order some or all of the prime suppliers having retail outlets in such shortage
				  areas to release part or all of their remaining set-aside volume through their
				  normal distribution systems to increase the allocations of all suppliers'
				  retail outlets located within such shortage areas.
(e) Orders issued by the SMC in accordance
				  with this section shall be in writing and effective immediately upon
				  presentation to the prime supplier's set-aside volume for the month of
				  issuance, even if for some reason delivery cannot be made until the following
				  month.
(f) The SMC shall assign
				  set-aside at the beginning of the month if an applicant can demonstrate that a
				  supply emergency or hardship is faced which requires immediate attention. By
				  the fifteenth day of the month, the SMC shall make an initial determination as
				  to how much of the set-aside shall be released to prime suppliers. Any
				  set-aside products not allocated by the twentieth of the month shall
				  automatically revert to the supplier.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-14 - Base period

Current through June, 2024
(a) A base period
				  shall be adopted by the SMC and shall be used as a historical benchmark from
				  which the SMC shall evaluate the validity of any application for set-aside
				  assignment. The base period for all applicants shall be the twelve month period
				  immediately preceding the official declaration of a shortage by the
				  governor.
(b) All fuel made
				  available to applicants shall be assigned, when possible, to the supplier
				  distribution system from which the applicant purchased fuel during the base
				  period
(c) Prime suppliers shall be
				  responsible for smoothing out anomalous situations in their customers' base
				  periods, such as a business being closed during a portion of the base
				  period.
(d) All applicants for
				  set-aside shall be required to list on each application their base period
				  purchases and the names of their base period prime suppliers or distributors,
				  or both.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-15 - Supplier liaison to the State

Current through June, 2024
Each prime supplier shall designate a person to act as a
					 liaison for and on behalf of the prime supplier with respect to the set-aside
					 system. Each prime supplier operating within the State shall notify the SMC in
					 writing of the designation within ten day of the implementation of a set-aside
					 program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-16 - Price

Current through June, 2024
Each supplier shall make available to bulk purchasing
					 end-users, wholesale purchaser-consumers, or wholesale purchaser-resellers at
					 prices prevailing for similar classes of purchasers from that supplier in the
					 locality of the set-aside purchaser at the time of sale of the product.
					 Suppliers shall charge prevailing prices for set-aside products, and shall not
					 place a premium or spot price on set-aside volumes except to recover documented
					 extra transportation costs to deliver the set-aside fuel in accordance with the
					 supplier's normal business practice. Any report of unjustifiable prices charged
					 to an applicant for set-aside fuel may be investigated by the SMc or the state
					 attorney general.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-17 - Application process for set-aside supplies

Current through June, 2024
(a) An applicant
				  may be a wholesale purchaser-consumer seeking an assignment from the set-aside
				  program to meet a hardship or emergency, or a commercial or priority end-user
				  who customarily purchases fuel from a retail fuel outlet (service station) or
				  jobber and who has a hardship or emergency situation. Wholesale
				  purchaser-resellers are not eligible to apply for set-aside.
(b) Application for assignment for fuel from
				  the set-aside supplies shall be made in writing or by telephone. The
				  appropriate form to file is state form SMC-1, which may be obtained from the
				  SMC or other designated agencies. Whether verbal or written, applicants must
				  provide at least the following:
(1) The
				  applicant's name, address, and telephone number;
(2) Name of the applicant's contact
				  person;
(3) Category of the
				  applicant (wholesale purchaser-consumer or commercial retail
				  purchaser);
(4) Name of the
				  applicant's supplier product brand and type;
(5) Delivery location;
(6) A list of the applicant's monthly
				  purchases of fuel during the twelve months immediately preceding the State's
				  declaration of a shortage emergency. In addition, wholesale purchaser-consumers
				  shall state the nature of their emergency or hardship and the efforts made to
				  manage the situation and to conserve fuel;
(7) Any previous assignment order from the
				  set-aside system that was issued to applicant;
(8) A statement that the applicant's
				  historical supplier is unable to supply the applicant's requirements through
				  normal channels, or if the applicant does not have a supplier, a statement that
				  the applicant has contacted two suppliers who could not supply the applicant
				  with the requested product, and showing the identity of such suppliers;
				  and
(9) Any other relevant
				  information requested by the SMC.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-18 - Evaluation of application

Current through June, 2024
(a) The SMC may
				  initiate an investigation of any statement in an application, whether written
				  or oral, and use in its evaluation any relevant facts obtained by that
				  investigation. All applications and information contained therein are
				  considered confidential and shall not be disclosed. In evaluating an
				  application, the SMC may consider any source of information.
(b) The SMC may dismiss an application
				  without prejudice if the SMC determines that there is insufficient information
				  upon which to base a decision and if upon request the necessary additional
				  information is not submitted. If the failure to supply additional information
				  is repeated or wilful, the SMC may dismiss the application with
				  prejudice.
(c) First priority for
				  set-aside shall go to wholesale purchaser-consumers and end-users who buy
				  either directly from prime suppliers or from wholesale purchaser-resellers and
				  are involved in any of the following activities:
(1) Agricultural production, including
				  agricultural trucking and agricultural aviation;
(2) Aviation ground support vehicles and
				  equipment;
(3) Cargo, freight, and
				  mail hauling truck;
(4) Emergency
				  services;
(5) Energy
				  production;
(6) Health care
				  facilities;
(7) Nonmilitary marine
				  shipping;
(8) Public
				  utilities;
(9) Mass passenger
				  transportation services;
(10)
				  Sanitation services;
(11)
				  Telecommunication services; or
(12)
				  Street and highway maintenance, and repair.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-19 - Decision and authorization of set-aside assignments

Current through June, 2024
(a)
				  Upon consideration of the application, and other relevant information received
				  or obtained during its evaluation, the SMC shall make a decision denying or
				  granting the application.
(b) Upon
				  granting a set-aside, the SMC shall issue to the applicant an order authorizing
				  such assignment. The order shall state that it is effective upon issuance and
				  shall expire unless the applicant presents a copy of the order to the prime
				  supplier or a designated representative thereof with ten days of the issuance
				  of the order. The SMC shall mail copies of the order to the applicant and to
				  the state representative of the designated prime supplier. Prime Suppliers
				  shall provide the assigned amount of a product specified in the order upon its
				  receipt or presentation by the applicant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-20 - Time limits for action on applications

Current through June, 2024
(a) If the SMC
				  fails to take action on an application, whether oral or written, within fifteen
				  days of filing then the applicant may treat the application as having been
				  denied and may appeal therefrom as provided in this chapter. If the application
				  is oral it shall be considered filed on the date that it is orally communicated
				  to the SMC, and an application shall be completed and filed within 24 hours of
				  the telephone call by the person receiving the call.
(b) The SMC may temporarily suspend the
				  fifteen day limit described in subsection (a), by mailing a notice to the
				  applicant that additional information is necessary to evaluate the application
				  or that the application is improperly filed. That temporary suspension shall
				  remain in effect until the SMC mails the applicant a notice that the additional
				  information requested has been received and accepted or that the application
				  has been properly filed, as appropriate. Unless otherwise provided in writing
				  by the SMC, the fifteen day period shall resume on the first working day
				  following the date on which the SMC mails applicant the notice that it has
				  received and accepted the additional information or that the application has
				  been properly filed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-21 - Appeals; Who may file

Current through June, 2024
(a) Any person may
				  file an appeal if aggrieved by a set-aside order issued by the SMC.
(b) An appeal shall not be filed regarding a
				  set-aside request that has been reduced by the SMC by a set percentage for all
				  applicants in the same priority category.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-22 - When to appeal

Current through June, 2024
Any appeal of a SMC order regarding a set-aside
					 application shall be postmarked not later than fifteen days after the postmark
					 date of the decision which is being appealed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-23 - What to file

Current through June, 2024
(a) A person appealing a SMC order shall
				  file:
(1) A written "Appeal of Order" which
				  should be clearly labeled as such, both on the appeal and on the outside of the
				  envelope in which the appeal is transmitted, and shall be signed by the person
				  filing the appeal; and
(2) A copy
				  of the order which the appellant is appealing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-24 - Where to file

Current through June, 2024
Appeals from State set-aside orders shall be filed with
					 the SMC, Department of Planning and Economic Development. ATTENTION: State
					 Set-Aside Appeals.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-25 - Notice to interested parties

Current through June, 2024
(a) The appellant
				  shall send, in a manner that it shall be received on the next following day, a
				  copy of the appeal and any subsequent amendments or other documents relating to
				  the appeal, or a copy from which confidential information has been deleted in
				  accordance with section
				  15-10-23(b),
				  to each person who is likely to be aggrieved by the action sought, including
				  those who participated in any prior proceedings regarding the subject
				  application for set aside supplies. The copy of the appeal shall be accompanied
				  by a statement that the person may submit comments regarding the appeal to the
				  SMC within three day. The appeal shall include certification that the appellant
				  has complied with the requirements of this subsection and shall include the
				  names and addresses of each person to whom a copy of the appeal was
				  sent.
(b) Notwithstanding
				  subsection (a), if an appellant determines that compliance with that subsection
				  would not be practicable, the appellant shall:
(1) Comply with the requirements of
				  subsection (a) with regard to those persons for whom it is reasonable and
				  possible to notify; and
(2) Include
				  with the appeal a description of the persons or class or classes of persons to
				  whom notice was not sent.
The appellant may be require to provide additional or
					 alternative notice, or it may be determined that the notice required by
					 subsection (a) is not practicable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-26 - Contents of appeal

Current through June, 2024
(a) The appellant
				  shall specify the precise legal and factual bases for the appeal, fully
				  explaining why the appellant believes the SMC's order was wrong and why the
				  appellant's particular situation constitutes a hardship or emergency requiring
				  the appellant to receive fuel under the State set-aside program. The State
				  shall assign fuel only if the appellant can demonstrate that the appellant is
				  experiencing a hardship or emergency.
(b) To assist the SMC in processing the
				  appeal and to ensure that the appellant's position is fully understood, the
				  "Appeal of Order" shall include at least the following:
(1) The action number assigned by the SMC and
				  found on the Order or the letter of denial;
(2) The month for which set-aside was
				  applied;
(3) The exact reasons why
				  the appellant believes the decision made by the SMC is erroneous;
(4) A statement indicating that new or
				  additional information is submitted and an explanation as to why the
				  information was not submitted with the original application;
(5) An estimate of the minimum amount of fuel
				  needed to carry on the appellant's activities;
(6) The distance to the nearest retail outlet
				  and whether the appellant has attempted to obtain fuel from that outlet, and an
				  explanation if the appellant has not done so;
(7) A statement of all efforts the appellant
				  has undertaken in appellant's operations to conserve fuel;
(8) A statement as to what will happen to the
				  appellant's operations if the appellant does not receive the requested
				  set-aside fuel; and
(9) Any other
				  reasons why appellant believes that the circumstances entitle appellant to
				  receive set-aside assistance for instances of hardship or emergency.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-27 - Processing of appeal

Current through June, 2024
(a) The SMC may
				  initiate an investigation of any statement in an appeal and use in its
				  evaluation any relevant facts obtained by such investigation. The SMC may
				  solicit and accept submissions relevant to any appeal provided that the
				  appellant is afforded an opportunity to respond to all submissions. In
				  evaluating an appeal, the SMC may consider any other sources of
				  information.
(b) If the SMC
				  determines that there is insufficient information upon which to base a decision
				  and if, upon request, the necessary additional information is not submitted,
				  the SMC may dismiss the appeal, with leave to amend within a specified time. If
				  the failure to supply additional information is repeated or wilful the SMC may
				  dismiss the appeal with prejudice. If the appellant fails to provide the notice
				  required by section
				  15-10-21(5),
				  the SMC may dismiss the appeal without prejudice. If the appellant submits
				  false statements that appellant may be subject to prosecution.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-28 - Criteria for evaluating appeal

Current through June, 2024
(a) An appeal may
				  be summarily denied if:
(1) It is not filed
				  in a timely manner, unless good cause is shown for any delay;
(2) It is apparent that the appeal has failed
				  to state, and to present facts and legal argument in support thereof, that the
				  SMC's action was erroneous in fact or in law, or that it was arbitrary or
				  capricious.
(3) The appellant does
				  not establish that the appeal was filed by a person aggrieved by the SMC
				  action; or
(4) The appellant has
				  failed to meet its burden of proof as to why the SCM's decision should be
				  reversed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 3 - STATE SET-ASIDE PROGRAM › Section 15-10-29 - Decision and actions

Current through June, 2024
(a) Any appeal
				  filed shall be acted upon by the SMC within fifteen days of the postmarked date
				  of the appeal.
(b) Upon receipt of
				  a letter of appeal, the SMC shall send a letter to the appellants acknowledging
				  its receipt. The letter of appeal and any information submitted, with it shall
				  be immediately scheduled for reconsideration. The SMC shall have three working
				  days within which to reconsider the appealed decision. During this
				  reconsideration process the SMC shall contact the appellant by telephone. The
				  reconsideration shall result in the SMC:
(1)
				  Reversing its prior decision and granting the appellant all the fuel for which
				  appellant has applied;
(2) Granting
				  an increase in the amount originally assigned, although the increase may be
				  less than the amount originally requested; or
(3) Affirming the prior decision.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-01 - Purpose

Current through June, 2024
This chapter governs the practice and procedure before the
					 land use commission, and shall be construed to secure the just and efficient
					 determination of every proceeding. This chapter shall be liberally construed to
					 preserve, protect, and encourage the development and preservation of lands in
					 the State for those uses to which they are best suited in the interest of
					 public health and welfare of the people of the State of Hawaii. The rules under
					 this chapter are promulgated pursuant to authority provided by sections
					 205-1
					 and
					 205-7,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-04 - Grammatical usage

Current through June, 2024
(a) Words used in the present tense include
				  the future tense.
(b) The singular
				  number includes the plural; and the plural, the singular.
(c) The word 'shall" is always
				  mandatory.
(d) The word "may" is
				  always permissive.
(e) Terms not
				  defined in this chapter shall have the meaning customarily assigned to
				  them.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-05 - Office and office hours

Current through June, 2024
(a) The office of
				  the commission is in Honolulu, Hawaii. All communications to the commission,
				  including requests for information and submittals, shall be in writing and,
				  shall be addressed to the commission's office, unless otherwise directed by the
				  commission.
(b) The office of the
				  commission shall be open from 7:45 a.m. to 4:30 p.m., Monday through Friday,
				  excepting legal holidays as designated pursuant to section
				  8-1, HRS, and
				  any day or any part of a day on or for which the governor has granted
				  administrative leave in the State, unless otherwise provided by statute or
				  executive order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-06 - Chairperson and vice-chairperson

Current through June, 2024
(a) The
				  commissioners shall annually elect a chairperson and one or more
				  vice-chairpersons from its members.
(b) The chairperson shall have the
				  responsibilities and duties prescribed in this chapter.
(c) In the absence of the chairperson, the
				  vice-chairperson or vice-chairpersons shall have the responsibilities and
				  duties of the chairperson prescribed in this chapter. In case of resignation or
				  incapacity of the chairperson, a vice-chairperson shall perform such duties as
				  are imposed on the chairperson until such time as the commission shall elect a
				  new chairperson. In the event the chairperson or a vice-chairperson resigns,
				  the commission shall elect a new chairperson or vice-chairperson, as the case
				  may be, as soon as practicable after such resignation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-06.1 - Hearings officer

Current through June, 2024
(a) The commission
				  may appoint a hearings officer pursuant to section
				  92-16,
				  HRS.
(b) If for any reason the
				  hearings officer designated is unable to complete a hearing, the commission,
				  without abatement of the proceedings, may assign the matter to another hearings
				  officer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-07 - Executive officer

Current through June, 2024
(a) The executive
				  officer shall be appointed by the commission to serve as the administrative
				  head of the commission staff and have responsibilities and duties as prescribed
				  by the commission. The executive officer shall be directly responsible to the
				  commission, and shall have control of and responsibility for the execution of
				  the commission's policies, the administration of its affairs, and the
				  employment and supervision of its personnel, subject to the commission's
				  oversight. From time to time, or as requested, the executive officer shall
				  furnish the commission members with such information and make such
				  recommendations as shall be necessary to effect the purposes of the commission
				  and for the proper administration of its affairs. The executive officer shall
				  develop annual budgets, authorize and certify payrolls, requisitions, invoices,
				  and other such documents essential to the proper administration of the
				  commission.
(b) The executive
				  officer shall prepare a hearings calendar and the agenda for all meetings and
				  hearings, under the direction of the chairperson.
(c) The executive officer or such other
				  person as may be authorized by the commission shall certify all decisions and
				  orders and other actions of the commission.
(d) The executive officer may be appointed by
				  the commission to serve as hearings officer.
(e) The executive officer may interpret land
				  use district boundaries at the request of the public. Interpretation of
				  district boundaries shall be done in compliance with section
				  15-15-22.
(f) The executive officer
				  may conduct the prehearing conference provided under section
				  15-15-57.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-08 - Chief clerk

Current through June, 2024
(a) Under the supervision of the executive
				  officer, the chief clerk shall have custody of the commission's official
				  records and shall be responsible for the maintenance and custody of the docket
				  files, including the transcripts and exhibits, the minutes of all of the
				  commission's, meetings and hearings, and all of the commission's decisions,
				  orders, opinions, rules, and approved forms.
(b) In addition to other duties, the chief
				  clerk shall maintain a docket file of all proceedings filed with the
				  commission, including all petitions for district boundary amendments, all
				  applications for special permits, and all petitions for rule-making or
				  declaratory ruling filed with the commission, and each docket shall be assigned
				  a number.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-09 - Public records

Current through June, 2024
All public records shall be available for inspection at the
					 office of the commission during regular business hours. Public information on
					 matters within the jurisdiction of the commission, but which excludes
					 confidential information, may be obtained by inquiring in person during regular
					 business hours, or by submitting a written request to the commission. Requests
					 made via facsimile or electronic mail to the commission are acceptable.
					 Commission staff may respond to any inquiry or request by making the records
					 available at the commission office.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-15-10 - Meetings; generally

Current through June, 2024
(a) The commission
				  may meet and exercise its power in the State of Hawaii. Except as provided in
				  sections
				  92-4 and
				  92-5, HRS, all of the
				  commission meetings and hearings are open to the public. Unless waived by the
				  chairperson, the parliamentary procedure to be utilized by the commission in
				  the conduct of its meetings and hearings shall be based on the current edition
				  of Robert's Rules of Order Newly Revised, but only if it does not conflict with
				  chapters
				  91 and
				  92, HRS, or these rules.
(b) The commission shall allow all interested
				  persons an opportunity to submit data, views, arguments or present oral
				  testimony on any agenda item in an open meeting. The commission may provide for
				  the recordation of all presented oral testimony. The commission may impose
				  limitations on the submission of data, views, arguments, or oral testimony in
				  the interest of preserving due process concerns of the contested case
				  proceeding.