Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-220-5 - Rules of interpretation

Current through June, 2024
(a)Provisions of
				  the rules are activated by 'shall" when required; "should" when recommended;
				  and "may" when optional.
(b) In
				  addition to text-only contents of the rules, this section shall also control
				  related captions, titles, and figures.
(c) Terms not defined in section 15-220-8
				  (definitions of terms) shall be accorded their commonly accepted meanings. In
				  the event of conflicts between these definitions and those found elsewhere
				  within the HCDA's administrative rules, these rules shall take
				  precedence.
(d) Where in conflict,
				  numerical metrics shall take precedence over graphic metrics.
(e) Words used in the singular include the
				  plural; words used in the plural include the singular.
(f) Words used in the present tense include
				  the future tense; words used in the future tense include the present
				  tense.
(g) Within the rules,
				  sections are occasionally prefaced with "purpose" or "intent" statements. Each
				  such statement is intended as an official statement of legislative finding or
				  purpose. The "purpose" or "intent" statements are legislatively adopted,
				  together with their accompanying rules text. They are intended as a guide to
				  the administrator and shall be treated in the same manner as other aspects of
				  legislative history. However, they are not binding standards.
(h) In their interpretation and application,
				  the provisions of the rules are considered minimal in nature. Whenever the
				  provisions, standards, or requirements of chapter
				  219, HCDA's rules of practice and
				  procedure, are higher or more restrictive, the latter shall control.
(i) Whenever the executive director
				  determines that the meaning or applicability of any requirement of the rules is
				  subject to interpretation generally, or as applied to a specific case, the
				  executive director may issue an official interpretation. The executive director
				  may also forward any interpretation of the meaning or applicability of any
				  provision of the rules directly to the authority for a determination at a
				  public meeting:
(1) The issuance of an
				  interpretation shall include findings stating the basis for the interpretation.
				  The issuance of an interpretation shall also include a finding documenting the
				  consistency of the interpretation with the Heeia MP;
(2) All interpretations shall be:
(A) Written and shall quote the provisions of
				  the rules being interpreted, and the applicability in the particular or general
				  circumstances that caused the need for interpretations, and the determination;
				  and
(B) If applicable, distributed
				  to the authority, executive director, and HCDA staff;
(3) Any interpretation of the rules by the
				  executive director may be appealed to the authority in compliance with section
				  15-220-63 (appeals); and
(4) Any
				  provision of the rules that is determined by the executive director to need
				  refinement or revision will be corrected by amending the rules as soon as is
				  practical. Until an amendment can occur, the executive director will maintain a
				  complete record of all interpretations to the rules, indexed by the number of
				  the subchapter, section or subsection that is the subject of the
				  interpretation.