reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-25 - Electrical grounding

Current through June, 2024
(a) Protective
				grounding of alternating current secondary distribution circuits made to the
				water system shall conform in all details with the national electrical code of
				the national board of fire underwriters and with the county building code where
				the water system is located.
(b)
				The department shall not be responsible for any damage or injury caused by any
				electrical grounding.
(c) No
				grounding of direct current to any portion of the water system shall be
				permitted.
(d) No grounding other
				than as provided in this section shall be made to any portion of the water
				system without the department's written approval.
(e) The department shall not be responsible
				for the maintaining of a continuous metallic water piping system and reserves
				the right, without liability to public utility electric companies, electric
				consumers, or any other agency, consumer, or individual, to create a physical
				break in its service laterals and mains, or to incorporate non-metallic pipes
				and appurtenances in its system and to make joints of any materials, without
				regard to their efficiency as conductors of electricity and without giving
				notice.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-26 - Unscheduled meter replacement

Current through June, 2024
If a consumer requests a meter replacement prior to the
				  scheduled routine replacement, the consumer will be billed for the service call
				  plus the current cost of the meter. As is the case with all new meters, upon
				  installation the meter becomes the property of the
				  department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 2 - HAWAIIAN HOME LANDS PUBLIC WATER SYSTEMS › Section 10-4.1-31 - Water service rates

Current through June, 2024
(a) The department shall conduct a cost of
				service study annually, based upon enterprise accounting, and a water service
				rates analysis at least every three years.
(b) Water service rates for each department
				owned public water system shall be established by the commission and attached
				to this chapter. Effective July 1, 2019, once each fiscal year the commission
				may adjust base water service charges by no more than ten per cent per thousand
				gallons of water delivered. Effective upon approval by the commission, water
				service rates are set as follows:
(1) The
				table entitled, "Hoolehua Water System Service Rates Approved on April 17,
				2018", dated April 17, 2018, attached as Exhibit "A" at the end of this chapter
				and made part of this chapter.
(2)
				The table entitled, "Kawaihae Water System Service Rates Approved on May 14,
				2018", dated May 14, 2018, attached as Exhibit "B" at the end of this chapter
				and made part of this chapter.
(3)
				The table entitled, "Anahola Water System Service Rates Approved on August 21,
				2018", dated August 21, 2018, attached as Exhibit "C" at the end of this
				chapter and made part of this chapter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 2 - HAWAIIAN HOME LANDS PUBLIC WATER SYSTEMS › Section 10-4.1-32 - Meter reading and rendering of bills

Current through June, 2024
(a) Meter readings
				and billings shall be on at least a bi-monthly basis, except for closing of
				accounts for special conditions with the approval of the department.
(b) Closing bills for a period shorter than
				the regular billing period shall be determined by the sum of the charges per
				water meter reading and prorating of the monthly service charge. If a meter
				cannot be read, an estimated bill shall be rendered following acceptable
				practices using the reading, where available, of the same time the previous
				year.
(c) Bills for metered water
				service shall be on a per meter basis. If the consumer has more than one
				metered installation on the premises, each meter shall be billed
				separately.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 2 - HAWAIIAN HOME LANDS PUBLIC WATER SYSTEMS › Section 10-4.1-33 - Conservation and emergency measures

Current through June, 2024
(a) Whenever, in
				the department's opinion, special conservation measures are advisable to
				forestall water shortage or an emergency, the department may restrict the use
				of water by any means or method of control. The department shall also have the
				right to limit the quantity of water taken from any of its facilities. In
				determining the priorities in restricting the use of water, the health and
				safety of the public shall be given first consideration over other
				uses.
(b) When the department's
				water supply usage exceeds the rate of resupply, the commission may declare a
				water shortage or emergency and further restrict the use of water by any means
				or method of control.
(c) The
				department shall notify consumers of emergency conditions by written
				communication through mailing, electronic posting, or the newspaper, or
				combination thereof.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 3 - PUUKAPU NON-POTABLE WATER SYSTEM › Section 10-4.1-41 - General conditions

Current through June, 2024
(a) The water
				supplied by the Puukapu non-potable water system is intended to be used only
				for pastoral uses consistent with pastoral leases. Consumers may not use water
				for any other purpose except with the express written consent of the
				department. The department makes no guarantee, warranty, or representation,
				expressed or implied, as to the quality, quantity, flow rate, condition, or
				fitness of the water supplied for any use or purpose.
(b) The department shall deliver water to the
				lot of each consumer at the ground elevation and at the outlet site as the
				department may establish upon each consumer's land convenient with the
				operation of the department's irrigation system, and it shall be the
				responsibility of each consumer to provide for the distribution of water upon
				the consumer's lot by the consumer's own method.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 3 - PUUKAPU NON-POTABLE WATER SYSTEM › Section 10-4.1-42 - Monthly maintenance fee

Current through June, 2024
(a) The lease shall
				provide service conditions and for the assessment of the monthly maintenance
				fee set as follows: the table entitled, "Puukapu Maintenance Fee" Approved on
				May 19, 2014 and Extended on May 15, 2018", dated May 15, 2018, attached as
				Exhibit "D" at the end of this chapter and made part of this chapter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 3 - PUUKAPU NON-POTABLE WATER SYSTEM › Section 10-4.1-43 - Conservation measures and emergency conditions

Current through June, 2024
(a)
				Whenever, in the department's opinion, special conservation measures are deemed
				necessary to forestall a water shortage and a consequent emergency, the
				department may restrict or ration the use of water by any method or means of
				control. Livestock watering consumers may be required to install an automatic
				water flow control device to prevent waste or continued overflow from livestock
				drinking troughs. Each device shall be approved by the department prior to
				installation and shall be tested periodically to determine its
				functionality.
(b) The department
				reserves the right in times of declared emergency to allow the use of water for
				emergency purposes. Charges for the water used shall be established by the
				commission based on the nature of the emergency and attendant
				circumstances.
(c) During periods
				of special conservation measures, the department shall develop notices and
				criteria for the manner in which water will be delivered, restricted, and
				allocated for the duration for the emergency. Violations of the restrictions or
				allocations may result in the discontinuance of service, additional water toll
				surcharges, or the removal of the water connection.
(d) Upon declaration of emergency conditions
				and implementation of mandatory conservation measures (i.e., ten per cent,
				twenty per cent, or thirty per cent cutbacks), consumers exceeding the level of
				mandatory cutback shall be assessed a surcharge as established by the
				commission.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 3 - PUUKAPU NON-POTABLE WATER SYSTEM › Section 10-4.1-44 - Unauthorized drawing of water

Current through June, 2024
(a) No person or
				entity shall be permitted to draw water from any part of the system without the
				written consent of the department. No approval shall be granted in cases where,
				in the opinion of the department, the drawing of water may adversely affect the
				water service extended by the department to lessees.
(b) Approvals given by the department under
				this section are subject to revocation upon thirty days written
				notice."
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 3 - PUUKAPU NON-POTABLE WATER SYSTEM › Exhibit B

Current through June, 2024
KAWAIHAE WATER SYSTEM SERVICE RATES APPROVED ON MAY 15,
				  2018
Residential Lessee Service Rates:
Residential lessee meter service (base) fees:
Meter size (inches)
							 Bi-Monthly
FY 19
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
5/8"
$49.07
$63.37
$77.70
$92.06
$106.46
$120.90
$135.37
$149.88
$164.42
$179.01
Residential lessee service delivery (usage) tiers:
Gallons Bi-Monthly
Tier 1
0 - 10,000
Tier 2
10,001 - 30,000
Tier 3
30,001 - 80,000
Tier 4
Over 80,000
Residential lessee service delivery (usage) fees:
Per 1,000 gallons
FY 19
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
Tier 1
$3.67
$4.73
$5.81
$6.88
$7.95
$9.03
$10.11
$11.20
$12.28
$13.37
Tier 2
$4.92
$6.35
$7.79
$9.23
$10.68
$12.12
$13.58
$15.03
$16.49
$17.95
Tier 3
$6.89
$8.90
$10.92
$12.94
$14.96
$16.99
$19.02
$21.06
$23. 10
$25.15
Tier 4
$8.30
$10.73
$13.15
$15.58
$18.02
$20.46
$22.91
$25.37
$27.83
$30.30
Kailapa Community Association Service
				  Rates:
Kailapa Community Association meter service (base)
				  fees:
Meter size (inches)
							 Bi-Monthly
FY 19
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
5/8"
$49.07
$63.37
$77.70
$92.06
$106.46
$120.90
$135.37
$149.88
$164.42
$179.01
Kailapa Community Association water service delivery (usage)
				  tier:
Gallons Bi-Monthly
Tier 1
9,999,999
Kailapa Community Association water service delivery (usage)
				  fees:
Per 1,000 gallons
FY 19
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
Tier 1
$11.41
$14.73
$18.06
$21.40
$24.75
$28.11
$31.47
$34.84
$38.22
$41.61
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 3 - PUUKAPU NON-POTABLE WATER SYSTEM › Exhibit C

Current through June, 2024
ANAHOLA WATER SYSTEM SERVICE RATES APPROVED ON AUGUST 21,
				  2018
Residential Lessee Service Rates:
Residential lessee meter service (base) fees:
Meter size (inches)
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
FY 29
5/8"
$28.08
$32.16
$36.24
$40.32
$44.40
$48.48
$52.56
$56.64
$60.72
$64.80
3/4"
$37.44
$42.88
$48.32
$53.76
$59.20
$64.64
$70.08
$75.52
$80.96
$86.40
1"
$58.50
$67.00
$75.50
$84.00
$92.50
$101.00
$109.50
$118.00
$126.50
$135.00
1 1/2"
$105.30
$120.60
$135.90
$151.20
$166.50
$181.80
$197.10
$212.40
$227.70
$243.00
2"
$175.50
$201.00
$226.50
$252.00
$277.50
$303.00
$328.50
$354.00
$379.50
$405.00
4"
$514.80
$589.60
$664.40
$739.20
$814.00
$888.80
$963.60
$1,038.40
$1,113.20
$1,188.00
Residential lessee water service delivery (usage)
				  tiers:
METER SIZE
TIER 1
TIER 2
TIER 3
Gallons Bi-monthly
Gallons Bi-monthly
Gallons Bi-monthly
5/8"
0 - 20,000
20,001 - 40,000
[GREATER THAN] 40,000
3/4"
0 - 70,000
70,001 - 140,000
[GREATER THAN] 140,000
1"
0 - 200,000
200,001 - 400,000
[GREATER THAN] 400,000
1 1/2"
0 - 600,000
600,001 -
1,200,000
[GREATER THAN] 1,200,000
2"
0 - 1,200,000
1,200,001 -
2,400,000
[GREATER THAN] 2,400,000
4"
0 - 6,000,000
6,000,001 - 12,000,000
[GREATER THAN] 12,000,000
Residential lessee water service delivery (usage)
				  fees:
Per 1,000 gallons
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
FY 29
Tier 1
$3.23
$3.70
$4.17
$4.64
$5.11
$5.58
$6.04
$6.51
$6.98
$7.45
Tier 2
$3.74
$4.29
$4.83
$5.38
$5.92
$6.46
$7.01
$7.55
$8.10
$8.64
Tier 3
$5.27
$6.03
$6.80
$7.56
$8.33
$9.09
$9.86
$10.62
$11.39
$12.15
Agricultural Lessee Service Rates:
Agricultural lessee meter service (base) fees:
Meter size (inches)
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
FY 29
5/8"
$28.08
$32.16
$36.24
$40.32
$44.40
$48.48
$52.56
$56.64
$60.72
$64.80
3/4"
$37.44
$42.88
$48.32
$53.76
$59.20
$64.64
$70.08
$75.52
$80.96
$86.40
1"
$58.50
$67.00
$75.50
$84.00
$92.50
$101.00
$109.50
$118.00
$126.50
$135.00
1 1/2"
$105.30
$120.60
$135.90
$151.20
$166.50
$181.80
$197.10
$212.40
$227.70
$243.00
2"
$175.50
$201.00
$226.50
$252.00
$277.50
$303.00
$328.50
$354.00
$379.50
$405.00
4"
$514.80
$589.60
$664.40
$739.20
$814.00
$888.80
$963.60
$1,038.40
$1,113.20
$1,188.00
Agricultural lessee water service delivery (usage)
				  tiers:
METER SIZE
# of structures
TIER 1
TIER 2
Gallons Bi-monthly
Gallons Bi-monthly
5/8"
N/A
0 - 25,000
[GREATER THAN] 25,000
3/4"
1
0 - 25,000
[GREATER THAN] 25,000
3/4"
2
0 - 50,000
[GREATER THAN] 50,000
1 1/2"
1
0 - 25,000
[GREATER THAN] 25,000
1 1/2"
2
0 - 50,000
[GREATER THAN] 50,000
2"
1
0 - 25,000
[GREATER THAN] 25,000
2"
2
0 - 50,000
[GREATER THAN] 50,000
Agricultural lessee water service delivery (usage)
				  fees:
Per 1,000 gallons
FY 20
FY 21
FY 22
FY 23
FY 24
FY 25
FY 26
FY 27
FY 28
FY 29
Tier 1
$3.23
$3.70
$4.17
$4.64
$5.11
$5.58
$6.04
$6.51
$6.98
$7.45
Tier 2
$0.82
$0.94
$1.06
$1.18
$1.30
$1.41
$1.53
$1.65
$1.77
$1.89
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 3 - PUUKAPU NON-POTABLE WATER SYSTEM › Exhibit D

Current through June, 2024
PUUKAPU MAINTENANCE FEE
APPROVED ON MAY 19, 2014 AND EXTENDED ON MAY 15, 2018
COST COMPONENT
RATE PER MONTH
* Standby Charge: 4-Inch Master Meter $255.00 per
							 month. $255.00/184 lots = $1.39 per lot
$ 1.39
* Flat Rate Water Charge
$ 18.00
* Electricity Charge ($1,692/40
							 users)
$ 42.30
* Operations and Maintenance (10,761/184
							 users)
$ 58.48
* Potable Water via Spigot (600 gpd/40
							 users)
$ 2.24
TOTAL
$122.41
One-time equipment and installation costs:
EQUIPMENT/INSTALLATION
COST
5/8" Meter
$114.00
Backflow Preventer
$675.00
TOTAL
$789.00
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-1 - Scope of rules

Current through June, 2024
This chapter governs practice and procedure before the
				  commission and department pursuant to the act and chapter
				  91, HRS. These rules shall be
				  construed to effect a just and speedy determination of every
				  proceeding.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-2 - Commission procedures

Current through June, 2024
The commission, on its own motion or on petition of any
				  interested person or agency, may hold proceedings as it deems necessary for the
				  purpose of obtaining information necessary or helpful in the determination of
				  its policies, the carrying out of its duties, or the formulation of its rules.
				  It may subpoena witnesses and require the production of evidence. Unless
				  specifically prescribed in these rules or by chapter
				  91, HRS, the commission shall follow
				  procedures that, in its opinion, will best serve the purposes of the
				  proceedings.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-3 - Suspension, waiver of rules

Current through June, 2024
Any person or agency may submit a signed request that any
				  rule contained in this chapter not be applied. The commission or the hearing
				  officer before whom the matter is presented may suspend or waive the particular
				  rule or rules to prevent the hardship identified and described in the submitted
				  request.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-4 - Appearances before the commission

Current through June, 2024
(a) Any individual
				or agency may appear, in person or by designated representative, before the
				commission or hearing officer in any proceeding, unless otherwise provided in
				subsection (c) .
(b) When a person
				acting as a representative appears in person or signs a paper before the
				commission or hearing officer, the appearance or signature shall constitute a
				representation to the commission or hearing officer that, under the provisions
				of these rules or applicable law, the individual is authorized and qualified to
				act as a representative.
(c) No
				person who has been associated with the commission or department as a member,
				officer, employee, or counsel shall represent any party in connection with any
				proceeding or matter which was handled or passed upon by that person while
				associated in any capacity with the commission.
(d) No person who has been associated with
				the commission or department as a member, officer, employee, or counsel shall
				represent any party in connection with any proceeding or matter which was
				pending before the commission or hearing officer at the time of the association
				with the commission unless the person shall first have obtained the
				commission's written consent upon a verified showing that the person did not
				give personal consideration to the proceeding or matter as to which consent is
				sought or gained particular knowledge of the facts thereof during the
				association with the commission.
(e) No person appearing before the commission
				or hearing officer in any proceeding or matter shall knowingly accept
				assistance from any person who would be precluded by this section from
				appearing before the commission or hearing officer in that proceeding or
				matter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-5 - Filing of documents

Current through June, 2024
(a) Documents or
				papers required or permitted to be filed with the commission in any proceeding
				or matter shall be filed at the office of the commission in Kapolei, Hawaii.
				Documents or papers may be sent by mail addressed to the Hawaiian homes
				commission as described in section
				10-1-2(a)(1), or
				hand carried to the commission office within the time limit for filing. The
				date of receipt by the commission secretary shall be the date of
				filing.
(b) Documents or papers
				filed with the commission shall be plainly legible and shall be signed by the
				party or a designated representative.
(c) The signature of the person signing a
				filed document or paper shall represent that, to the best of the individual's
				knowledge, information, and belief, every statement contained in the instrument
				is true and that no statements are misleading, and that the document is not
				interposed for delay.
(d) A party
				filing a document or paper shall file the original and nine copies, unless
				otherwise specifically directed by a particular rule or order of the
				commission. A party may file an additional copy to be time stamped by the
				commission, and mailed back to the filing party via a self-addressed stamped
				envelope.
(e) The initial document
				filed by any person in any proceeding shall state on the first page the name,
				mailing address, and telephone number of the person or persons who may be
				served with any documents filed in the proceeding.
(f) The commission may develop and authorize
				the use of internet-based or other electronic filing procedures for the filing
				of documents.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-7 - Time computation

Current through June, 2024
(a) Computation of
				time shall be as established by section
				1-29,
				HRS.
(b) On written request clearly
				showing good cause, additional time may be granted to take actions or to file
				documents required or allowed by these rules.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-8 - Amendments, dismissal of documents

Current through June, 2024
The commission or hearing officer, on its own motion or on
				  motion of any party, may strike dismiss, or require amendments of any filed
				  document that is not in substantial compliance with these rules or is otherwise
				  insufficient. If amended, the document shall be effective as of the date of the
				  original filing.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-9 - Docuinent retention

Current through June, 2024
Documents filed with or presented to the commission may be
				  retained in the files of the commission. The commission may permit replacement
				  of original documents with properly authenticated copies.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-10 - Commission decisions

Current through June, 2024
All final orders, opinions, or rulings entered by the
				  commission in a proceeding and rules adopted by the commission as a result of a
				  contested case hearing shall be released for general publication. Copies of
				  published materials shall be available for public inspection in the department
				  office or may be obtained upon a signed request and payment of fees imposed by
				  law.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-12 - Substitution of parties

Current through June, 2024
On motion and for good cause shown, the commission may order
				  substitution of parties, except that, in the case of death of a party,
				  substitution may be ordered without the filing of a motion.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-13 - Consolidations

Current through June, 2024
The commission, on its own motion or on motion of any party,
				  may consolidate for hearing or for other purposes or may contemporaneously
				  consider two or more proceedings which involve substantially the same parties,
				  or issues which involve the same parties or issues which are the same or
				  closely related if it finds that consolidation or contemporaneous hearing will
				  be conducive to the proper dispatch of its business, promote justice and will
				  not unduly delay the proceedings.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 10-5-14 - Ex parte communications

Current through June, 2024
In any proceeding to be determined by the commission after
				  the notice and hearing and upon a record:
(1) No person, either in private life or
				public life, shall communicate privately on the merits of the case to any
				member of the commission or its staff or to the hearing officer designated to
				hear and decide the matter unless specifically provided by law;
(2) No member of the commission's staff or
				any other governmental agency who participates in the hearing as a witness or
				counsel shall communicate privately on the merits of the case to a member of
				the commission or to the hearing officer designated to hear and decide the
				matter, unless specifically provided by law; and
(3) It shall be improper for any person
				interested in a case to seek to sway the judgment of the commission by
				attempting to influence or bring pressure to bear upon any member of the
				commission or its staff, or for such person or any member of the commission's
				staff directly or indirectly to give statements to the press, radio, or
				television, via paid advertisements or otherwise, designed to influence the
				commission's judgment in the case.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULEMAKING PROCEDURES › Section 10-5-21 - Rule change petitions, procedures

Current through June, 2024
(a) Any person or
				agency may petition the commission for the adoption, amendment, or repeal of
				any rule. The petition shall set forth the text of any proposed rule or
				amendment desired or specify the rule, the repeal of which is desired and state
				concisely the nature of petitioner's interest in the subject matter and the
				reasons for seeking the change. A petition that is not in substantial
				compliance with these rules or is otherwise insufficient shall not be
				considered by the commission.
(b)
				Petitions for rulemaking shall become matters of public record upon filing. The
				commission shall either deny the petition in writing or initiate public
				rulemaking procedures as soon as practicable. No other public hearing, oral
				arguments, or other form of proceeding shall be held as a result of the
				petition. Where the commission determines that the petition discloses
				sufficient reasons in support of the relief requested to justify the
				institution of public rulemaking proceeding, the procedures to be followed
				shall be as set forth in this chapter. Where the commission determines that the
				petition does not disclose sufficient reasons to justify the institution of
				public rulemaking procedures, or where the petition for rulemaking fails in
				material respect to comply with the requirements of these rules, the commission
				shall deny the petition and the petitioner will be so notified, together with
				the grounds for denial. The provisions of this section shall not operate to
				prevent the commission, on its own motion, from acting on any matter disclosed
				in any petition.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULEMAKING PROCEDURES › Section 10-5-22 - Proposed rulemaking notice

Current through June, 2024
(a) When, pursuant
				to a petition or upon its own motion, the commission proposes to adopt, amend,
				or repeal a rule, the commission shall publish a notice of proposed rulemaking
				at least once in a newspaper of general circulation in the State and in each
				county affected by the rule. Notice shall also be made available on the website
				of the department. All rulemaking notices shall be issued at least thirty days
				before the date set for public hearing.
(b) The proposed rulemaking notice shall
				include:
(1) A statement of the topic of the
				proposed rule adoption, amendment, or repeal or a general description of the
				subjects involved;
(2) A statement
				that a copy of the proposed rule to be adopted, the proposed rule amendment, or
				the rule proposed to be repealed will be e-mailed or mailed to any interested
				person who requests a copy and pays in advance for the copy and the postage,
				together with a description of where and how the requests may be
				made;
(3) A statement of when,
				where, and during what times the proposed rule to be adopted, the proposed rule
				amendment, or the rule proposed to be repealed may be viewed in person;
				and
(4) The date, time, and place
				where the public hearing will be held and where interested persons may be heard
				on the proposed rule adoption, amendment, or repeal.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULEMAKING PROCEDURES › Section 10-5-23 - Hearing conduct

Current through June, 2024
(a) The chairman or
				the chairman's designee shall preside over the public hearing. The hearing
				shall be conducted to allow interested persons a reasonable opportunity to be
				heard on matters relevant to the issues involved and to obtain a clear and
				orderly record. The presiding officer shall have authority to administer oaths
				or affirmations and to take all other actions necessary for the orderly conduct
				of the hearing.
(b) At the
				commencement of the hearing, the presiding officer shall read the notice of
				hearing and shall then outline briefly the procedure to be followed. Evidence
				shall then be received with respect to the matters specified in the notice of
				hearing in the order prescribed by the presiding officer. Persons testifying
				shall be limited to fifteen minutes. Whenever time permits, the presiding
				officer may allow additional time upon request. After all persons who have
				requested to appear before the commission hearing have testified, any person
				whose request for additional time has been granted may present additional
				relevant testimony,
(c) Submission
				of evidence shall include the following:
(1)
				Before giving testimony, every witness shall state his or her name, address,
				and any representative capacities in which the witness serves and shall give
				other information respecting appearance as the presiding officer may request.
				The presiding officer shall confine the evidence presented to the questions
				before the hearing and may receive evidence whether or not the evidence would
				be admissible in a court of law; and
(2) Every witness shall be subject to
				questioning by the presiding officer or members of the commission present, but
				cross-examination by private persons shall not be permitted unless expressly
				permitted by the presiding officer.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULEMAKING PROCEDURES › Section 10-5-23.1 - Time and place

Current through June, 2024
Each hearing shall be held at the time and place set in the
				  notice of hearing, but, at that time and place may be continued by the
				  presiding officer from day to day or adjourned to a later date or to a
				  different place without notice other than the announcement at the
				  hearing.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULEMAKING PROCEDURES › Section 10-5-24 - Commission action

Current through June, 2024
The chairman or presiding officer shall announce the date
				  when its decision shall be made. The commission shall fully consider all
				  relevant comments and material of record before taking final action in a
				  rulemaking proceeding. Upon adoption, amendment, or repeal of a rule, the
				  commission, if requested to do so by an interested person, shall issue a
				  concise statement of the principal reasons for and against its
				  determination.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - RULEMAKING PROCEDURES › Section 10-5-25 - Emergency rulemaking

Current through June, 2024
Subject to chapter
				  91, HRS, and, notwithstanding the
				  foregoing rules, if the commission finds that an imminent peril to public
				  health, safety, or morals requires issuance, amendment, or repeal of a rule
				  upon less than thirty days notice of hearing, and states in writing its reason
				  for the finding, it may proceed without prior notice or hearing on abbreviated
				  notice and hearing as it finds practicable to adopt an emergency rule which
				  will be effective for a period not longer than one hundred twenty days without
				  renewal.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-31 - Contested case hearing requests

Current through June, 2024
(a) Any person or
				agency including the commission and the department may request a contested case
				hearing and shall have the right and full opportunity to assert a claim
				provided that the claim is based on a law or rule over which the commission has
				jurisdiction.
(b) Such complaint
				shall be in writing, signed by the complainant and shall contain a short and
				simple statement of the facts constituting the alleged violation and the name
				and address of the alleged violator.
(c) Upon receipt of the complaint, the
				department shall initiate an investigation of the matters contained in the
				complaint. The complaint shall be presented within a reasonable time to the
				commission, together with investigator's report and staff recommendation and on
				the basis thereof the commission shall determine whether proceedings shall be
				initiated and the matter set for hearing.
(d) It is the policy of the commission not to
				initiate proceedings where the matters complained of involve a private
				controversy redressable in the courts and where the public interest is not
				involved, or where it is clear on the face of the complaint that there has been
				no violation of the law or any rule of the commission.
(e) If the commission orders the matter to be
				set for hearing, a notice of hearing pursuant to HRS section
				91-9.5
				shall be served upon the respondent.
The respondent shall specifically admit or deny or explain
				  the charges filed against him or her and set forth any other matters
				  constituting an avoidance or affirmative defense.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-32 - Decision to hold hearing, scheduling

Current through June, 2024
(a) The commission
				shall hold a contested case hearing whenever it finds that:
(1) Such a hearing is required by Chapter
				91, HRS;
(2) There is a reason to believe that a law
				or rule of the commission has been violated;
(3) Such a hearing would be in the best
				interest of one or more of the beneficiaries of the act; and
(4) A proceeding by the commission would be
				in the interest of the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-33 - Hearing officer

Current through June, 2024
(a) No hearing
				officer shall be assigned to serve in any proceeding who:
(1) Has any pecuniary interest in any matter
				or business involved in the proceeding;
(2) Is related within the third degree by
				blood or marriage to any party to the proceeding;
(3) Has participated in the investigation
				proceeding, the institution of the proceeding or in a determination that it
				should be instituted or in the preparation of the notice of hearing or order to
				show cause or in the development of the evidence to be introduced therein;
				and
(4) A hearing officer assigned
				by the commission or the chairman to hold a hearing and to make a recommended
				decision shall withdraw from a proceeding at any time the hearing officer is
				deemed disqualified; or the hearing officer may be withdrawn by the commission
				or chairman for good cause found after timely affidavits alleging personal bias
				or other disqualifications have been filed and the matter has been heard by the
				commission or chairman.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-34 - Settlements

Current through June, 2024
(a) In order to encourage and to provide
				opportunities for settlement of disputes, there may be held at any time before
				or during contested case hearings, such informal conferences among the parties
				for the purpose of submission and consideration of facts, arguments, proposal
				of adjustment or offers of settlement, as the nature of the proceeding, time
				and public interest may permit.
(b)
				Any party may submit offers of settlement or proposals of adjustment to any
				other party or request conferences for such purposes at any time.
(c) Rejected offers or proposals shall be
				privileged and shall not be admissible in evidence against any counsel or
				person claiming that privilege.
(d)
				Whenever a complaint has been satisfied or a settlement has been reached by all
				parties, a signed and verified statement to that effect, stating when and how
				the complaint has been satisfied or the settlement has been reached shall be
				filed with the commission and served upon all parties of record. Such statement
				may be by letter. Satisfied complaints may be dismissed at the discretion of
				the commission with due regard to the interests of the public.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-35 - Service of papers

Current through June, 2024
(a) The commission
				shall cause to be served all orders, notices, and other papers issued by the
				commission, together with any other papers required by law to be served by the
				commission. Every other paper shall be served by the filing party.
(b) All papers served by either the
				commission or any party shall be served upon all counsel of record at the time
				of such filing and upon all parties not represented by counsel or upon their
				designated agents, in fact or by law. Any counsel entering an appearance
				subsequent to the initiation of the proceeding shall so notify all other
				counsel then of record and all parties not represented by counsel.
(c) The final order, and any other paper
				required to be served by the commission upon a party, shall be served upon such
				party or upon the representative authorized to receive service of such papers,
				and a copy shall be furnished to all agents designated in fact or by
				law.
(d) Service upon parties shall
				be regarded as complete by mail when deposited in the United States mail
				properly stamped and addressed.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-36 - Deposition

Current through June, 2024
(a) Upon the application of a party to a
				proceeding, and for good and exceptional cause shown, the commission or hearing
				officer may, at any time after the filing of the complaint or order to show
				cause, order the taking of testimony by oral deposition or by deposition upon
				written interrogatories.
(b) Any
				party desiring to take the deposition of a witness shall make application in
				writing to the commission or hearing officer setting out the reasons why such
				deposition should be taken, the character of the deposition, the time when; the
				place where; and the name and post office address of the person before whom
				such deposition should be taken, the name and post office address of each
				witness, and the subject matter concerning which the witness is expected to
				testify. If good and exceptional cause is shown, an order containing such
				instructions will be made and served upon the parties.
(c) Upon application granted, such deposition
				may be taken before a person having power to administer oaths other than the
				person designated in the notice, provided reasonable written notice of such
				change is given to all parties. Each witness so testifying shall be duly sworn
				and the adverse party shall have the right to cross-examine such witness and
				the answers thereto shall be reduced to writing, and in the presence of the
				officer taking the deposition read to the witness and subscribed by the witness
				and certified in the usual form by said officer. Thereafter the officer shall
				forward said deposition with two copies thereof, in an envelope under seal,
				endorsed with the title of the case and addressed to the office of the
				commission.
(d) A deposition
				ordered and taken in accord with the provisions of this section may be used in
				a proceeding if the commission or the hearing officer designated to preside at
				the hearing finds that the evidence is otherwise admissible and that:
(1) The witness is dead; or
(2) The witness is outside the State of
				Hawaii, unless it appears that the absence of the witness is procured by the
				party, offering the deposition; or
(3) The witness is unable to attend or
				testify because of age, sickness, infirmity or imprisonment; or
(4) The party offering the deposition has
				endeavored and has been unable to procure the attendance of the witness by
				subpoena; or
(5) In any event, upon
				application and notice that such exceptional circumstances exist as to make it
				desirable, in the interest of justice and with due regard to the importance of
				presenting the testimony orally before the commission or hearing officer, to
				allow the deposition to be used.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-37 - Subpoenas

Current through June, 2024
(a) Subpoenas requiring the attendance of a
				witness, or the production of documentary evidence from any place within the
				State, at any designated place of hearing, may be issued by the chairman, any
				member of the commission, or hearing officer designated to preside at the
				hearing. Application therefor may be made either to the commission or hearing
				officer.
(b) Application for
				subpoenas for the production of documentary evidence shall be made in writing
				to the commission or hearing officer designated to preside at the hearing. The
				application must be reasonable in scope and must specify as precisely as
				possible the documents desired, and must show their general relevancy. The
				application shall be verified by oath or affirmation.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-38 - Witnesses, fees

Current through June, 2024
Witnesses summoned shall be paid the same fees and mileage as
				  are paid witnesses in courts of the State and the fees and mileage shall be
				  paid by the party at whose instance the witnesses appear. Fees for depositions
				  shall be paid by the party at whose instance the depositions are
				  taken.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-39 - Hearings

Current through June, 2024
(a) All contested cases shall be heard either
				before the commission or a hearing officer duly designated by the commission or
				chairman.
(b) All contested case
				hearings shall be held on the island where the affected lessee or applicant
				resides.
(c) The record of the
				hearing shall be compiled in conformance with section
				91-9,
				HRS. The commission shall make provision for stenographic recording of the
				testimony, but it shall not be necessary to transcribe the recording unless
				requested for the purposes of rehearing or court review. Any person shall be
				entitled to a copy of the record of a hearing provided that the cost of the
				preparation of the record is paid for.
(d) Each party or the party's representative
				shall have the following rights:
(1) To
				examine all documents; documents which a party does not have an opportunity to
				see shall not be made part of the hearing record and shall not be used in
				making a decision in the case;
(2)
				To bring witnesses to testify for the party;
(3) To establish all relevant facts and
				circumstances through verbal testimony or documents;
(4) To advance any arguments without undue
				interference;
(5) To question or
				refute any testimony or evidence presented by another party including the
				opportunity to cross-examine witnesses called by another party; and
(6) To be notified either before or during
				the hearing if the commission or hearing officer plans to consider facts not in
				evidence.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 5 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASE RULES › Section 10-5-40 - Contested case hearing procedures

Current through June, 2024
(a) The following
				procedures shall be followed in conducting a contested case hearing before the
				commission or its duly appointed hearing officer:
(1) The chairman or hearing officer shall
				convene the hearing and shall read the complaint and shall inquire whether
				there are any amendments to be made;
(2) The complainant or petitioner and the
				respondent shall have the opportunity to challenge for bias any member of the
				commission or hearing officer; and
(3) Before presentation of the case, the
				parties shall have the opportunity to make opening statements. The usual order
				of making such statements shall be as follows:
(A) Opening statement by the complainant or
				petitioner; and
(B) Opening
				statement by the respondent, unless the respondent reserves the opportunity to
				make an opening statement until after the witnesses for the petitioner have
				been presented; or
(4)
				Opening statements may be waived by a party.