reglab/statecodes huggingface dataset:
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 12 - SPECIAL PERMITS › Section 15-15-96 - Decision and order by the land use commission

Current through June, 2024
(a) Within
				  forty-five days after receipt of the county planning commission's decision and
				  the complete record of the proceeding before the county planning commission, as
				  determined by the executive officer, the commission shall act to approve,
				  approve with modification, or deny the petition. The commission may impose
				  additional restrictions as may be necessary or appropriate in granting the
				  approval, including the adherence to representations made by the petitioner.
				  Upon determination by the commission, the petition may be remanded to the
				  county planning commission for further proceedings.
(b) The commission shall not consider any
				  petition for special permit covering substantially the same request for
				  substantially the same land as had previously been denied by the commission
				  within one year of the date of the filing of the findings of fact, conclusions
				  of law, and decision and order denying the petition for special permit unless
				  the petitioner submits significant new data or additional reasons which
				  substantially strengthen the petitioner's position, provided that in no event
				  shall any new petition be accepted within six months of the date of the filing
				  of the findings of fact, conclusions of law, and decision and order.
				  Additionally, the commission shall not consider any petition for special permit
				  for the same request involving the same land that was before the commission and
				  withdrawn voluntarily by the petitioner within one year of the date of the
				  withdrawal.
(c) A denial or
				  modification of the special permit, as the case may be, of the proposed use
				  shall be appealable to the circuit court of the circuit in which the land is
				  situated and shall be made pursuant to the Hawaii rules of civil
				  procedure.
(d) If a special permit
				  is approved pursuant to section
				  91-13.5,
				  HRS, the provisions of section 15-15-82(e) and section 15-15-90(f) shall
				  apply.
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 12 - SPECIAL PERMITS › Section 15-15-96.1 - Modification of special permit

Current through June, 2024
Any request for modification of a special permit or
					 modification, release, or deletion of a condition imposed on a special permit,
					 whether imposed by the county planning commission or the commission, shall
					 first be submitted to the appropriate county planning commission and, for
					 special permits for land greater than fifteen acres in size, the commission,
					 for consideration and decision. The decision of the county planning commission
					 with respect to modification of a special permit, or modification, release or
					 deletion of a condition to a special permit shall comply with the requirements
					 of section 15-15-95 and 15-15-96.
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 13 - GOVERNMENT SPONSORED HOUSING PROJECTS › Section 15-15-97 - Procedure for processing petitions for housing projects under section 201H-38, HRS

Current through June, 2024
(a) Petitions for housing projects under
				  section
				  201H-38,
				  HRS, shall be processed according to the procedures provided in this
				  section.
(b) Not less than sixty
				  days prior to the filing of a petition, the petitioner shall:
(1) File an original, one paper copy, and one
				  electronic copy of a notice of intent to file a petition with the commission
				  according to a format provided by the commission; the number and format of
				  copies required under this section may be modified by order of the
				  commission;
(2) Publish the notice
				  of intent at least once in a newspaper of general circulation in the State as
				  well as in a county newspaper in which the subject property is situated. The
				  notice of intent shall include:
(A) The name
				  and address of the petitioner and the petitioner's property interest in the
				  subject property;
(B) Proposed
				  boundary amendment;
(C) Tax map
				  key;
(D) Acreage;
(E) Existing land use;
(F) Brief description of the proposed
				  development or use;
(G) The date
				  that the petitioner shall file its petition with the commission; and
(H) Inform the public of the rights of
				  interested persons under section
				  205-4(e),
				  HRS;
(3) Serve copies of
				  the notice of intent to file a petition upon the director of the state office
				  of planning, the planning department of the county in which the subject
				  property is situated, and persons with a property interest in the subject
				  property that is recorded in the county's real property tax records. The notice
				  of intent to file a petition shall also be sent to persons on a mailing list
				  provided by the chief clerk. In proceedings related to 201H petitions, the
				  petitioner's notice of intent shall also serve as the notice of hearing for the
				  purposes of intervention;
(4) File
				  an original and one paper copy of an affidavit of mailing the notices of intent
				  to the persons specified in paragraph (3); and
(5) File an affidavit of publication of the
				  notice of intent to file a petition in compliance with paragraph
				  (2).
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 13 - GOVERNMENT SPONSORED HOUSING PROJECTS › Section 15-15-97.2 - Fees

Current through June, 2024
The petitioner will be responsible for fees pursuant to
					 section 15-15-45.1.
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 14 - DECLARATORY ORDERS › Section 15-15-98 - Who may petition

Current through June, 2024
(a) On petition of
				  any interested person, the commission may issue a declaratory order as to the
				  applicability of any statutory provision or of any rule or order of the
				  commission to a specific factual situation.
(b) A farmer or land owner with lands
				  qualifying under section
				  205-45,
				  HRS, may file a petition for declaratory order to designate the lands as
				  important agricultural lands and shall file a petition that conforms to the
				  requirements of this section and section
				  205-44
				  and
				  205-45,
				  HRS.
(c) Notwithstanding the other
				  provisions of this subchapter, the commission, on its own motion or upon
				  request but without notice of hearing, may issue a declaratory order to
				  terminate a controversy or to remove uncertainty.
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 14 - DECLARATORY ORDERS › Section 15-15-99 - Petition for declaratory order; form and contents

Current through June, 2024
The petition shall be submitted consisting of one original,
					 one paper copy, and one electronic copy, and shall conform to the format
					 requirements of sections 15-15-38, 15-15-39, and 15-15-40, and shall
					 contain:
(1) The name, address
				  including zip code, and telephone number of each petitioner;
(2) A statement of the petitioner's interest
				  in the subject matter, including the reasons for submission of the
				  petition;
(3) A designation of the
				  specific statutory provision, rule, or order in question, together with a
				  complete statement of the relevant facts and a statement of the issues raised
				  or controversy or uncertainty involved;
(4) A statement of the petitioner's
				  interpretation of the statute, rule or order or the petitioner's position or
				  contention with respect thereto;
(5) A memorandum of authorities, containing a
				  full discussion of reasons and legal authorities in support of such position or
				  contention. The commission may require the petitioner to file additional data
				  or memoranda;
(6) The names of any
				  other potential parties;
(7) The
				  signature of each petitioner; and
(8) A statement whether the petition for
				  declaratory ruling relates to any commission docket for district boundary
				  amendment or special permit, and if so, the docket number and identification of
				  all parties to the docket.
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 14 - DECLARATORY ORDERS › Section 15-15-100 - Consideration of petition for declaratory order

Current through June, 2024
(a) The
				  commission, within ninety days after submission of a petition for declaratory
				  order, shall:
(1) Deny the petition where:
(A) The question is speculative or purely
				  hypothetical and does not involve an existing situation or one which may
				  reasonably be expected to occur in the near future; or
(B) The petitioner's interest is not of the
				  type which confers sufficient standing to maintain an action in a court of law;
				  or
(C) The issuance of the
				  declaratory order may adversely affect the interest of the State, the
				  commission, or any of the officers or employees in any litigation which is
				  pending or may be reasonably be expected to arise; or
(D) The petitioner requests a ruling on a
				  statutory provision not administered by the commission or the matter is not
				  otherwise within the jurisdiction of the commission; or
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 14 - DECLARATORY ORDERS › Section 15-15-101 - Declaratory orders; dismissal of petition

Current through June, 2024
The commission, without notice or hearing, may dismiss a
					 petition for declaratory order that fails in material respect to comply with
					 the requirements of this subchapter. The dismissal shall be in writing and
					 state the reasons therefor.
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 14 - DECLARATORY ORDERS › Section 15-15-103 - Declaratory orders; request for hearing

Current through June, 2024
The commission may, but shall not be required to, conduct a
					 hearing on a petition for declaratory order. Any petitioner or party in
					 interest who desires a hearing on a petition for a declaratory order shall set
					 forth in detail in the request the reasons why the matters alleged in the
					 petition, together with supporting affidavits or other written briefs or
					 memoranda of legal authorities, will not permit the fair and expeditious
					 disposition of the petition, and to the extent that the request for a hearing
					 is dependent upon factual assertion, shall accompany the request by affidavit
					 establishing those facts.
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 14 - DECLARATORY ORDERS › Section 15-15-104 - Applicability of declaratory order

Current through June, 2024
An order disposing of a petition shall apply only to the
					 factual situation described in the petition or set forth in the order. It shall
					 not be applicable to different fact situations or where additional facts not
					 considered in the order exist. The order shall have the same force and effect
					 as other orders issued by the commission.
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 14 - DECLARATORY ORDERS › Section 15-15-104.1 - Fees

Current through June, 2024
The Petitioner shall be responsible for fees pursuant to
					 section 15-15-45.1 herein.
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 15 - RULEMAKING PROCEDURES › Section 15-15-105 - Initiation of rulemaking proceedings

Current through June, 2024
(a) The commission,
				  at any time on its own motion, may initiate proceedings for the adoption,
				  amendment, or repeal of any rule of the commission.
(b) Any interested person may petition the
				  commission for the adoption, amendment, or repeal of any rule of the
				  commission. The petitioner shall file and deliver one original, one paper copy
				  and one electronic copy of the petition to the office of the commission. The
				  number and format of copies required under this section may be' modified by
				  order of the commission. Petitions for rulemaking filed with the commission
				  shall become matters of public record.
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 15 - RULEMAKING PROCEDURES › Section 15-15-106 - Rulemaking; form and contents of petition

Current through June, 2024
Petitions for rulemaking need not be in any special form
					 but shall conform to the requirements of this subchapter and shall
					 contain:
(1) The name, address
				  (including zip code), and telephone number of each petitioner;
(2) A statement of the petitioner's interest
				  in the subject matter;
(3) A
				  statement of the reasons in support of the proposed rule, amendment, or
				  repeal;
(4) The authorization or
				  relief sought;
(5) The citation of
				  the statutory provision or other authority under which commission authorization
				  or relief is sought;
(6) A draft or
				  the substance of the proposed rule or amendment or a designation of the
				  provisions the repeal of which is desired; and
(7) The signature of each petitioner.
Any petition which does not conform to the foregoing
					 requirements may be rejected by the commission. The rejection shall be in
					 writing and shall state the reasons therefor.
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 15 - RULEMAKING PROCEDURES › Section 15-15-107 - Rulemaking; action on petition

Current through June, 2024
(a) Within sixty
				  days after the filing of a petition for rulemaking, the commission shall either
				  deny the petition in writing, stating its reasons for its denial or initiate
				  proceedings for the adoption, amendment, or repeal of the rule, in accordance
				  with section
				  91-3,
				  HRS.
(b) Any petition that fails in
				  material respect to comply with the requirements of this subchapter, or that
				  fails to disclose sufficient reasons to justify [GREATER THAN] the institution
				  of public rulemaking proceedings shall not be considered by the commission. The
				  commission shall notify the petitioner in writing of the denial, stating the
				  reasons therefor. Denial of a petition shall not prevent the commission from
				  acting on its own motion on any matter contained in the petition.
(c) If the commission determines that the
				  petition is in order and that it discloses sufficient reasons in support of the
				  proposed rulemaking to justify the institution of rulemaking proceedings, the
				  procedures to be followed shall be as set forth in sections 15-15-108,
				  15-15-109, 15-15-110, and chapter
				  92, 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 15 - RULEMAKING PROCEDURES › Section 15-15-107.1 - Commission action

Current through June, 2024
The commission shall consider all statements, views,
					 comments, and documents of record before taking final action in a rulemaking
					 proceeding. Unless otherwise provided by law, any decision rendered pursuant to
					 this subchapter shall not be subject to a motion for reconsideration or
					 judicial review. The adoption, amendment or repeal of a rule is subject to
					 approval of the governor and filing with the lieutenant
					 governor.
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 15 - RULEMAKING PROCEDURES › Section 15-15-108 - Rulemaking; notice of public hearing

Current through June, 2024
(a) When, pursuant
				  to a petition therefor or upon its own motion, the commission proposes to
				  adopt, amend, or repeal any rule, the notice of hearing shall be published
				  pursuant to the requirements of sections
				  1-28.5 and
				  91-3,
				  HRS. The notice of hearing shall also be mailed to all persons or agencies who
				  have made timely written requests for advance notice of the commission's
				  rulemaking proceedings at their last recorded address. The notice of hearing
				  shall be published at least thirty days prior to the date set for public
				  hearing. The notice of hearing shall also be filed with the lieutenant
				  governor's office.
(b) A notice of
				  the proposed adoption, amendment, or repeal of a rule shall include:
(1) A statement of the date, time, and place
				  where the public hearing will be held;
(2) Reference to the authority under which
				  the adoption, amendment, or repeal of a rule is proposed; and
(3) A statement of the substance of the
				  proposed rules.
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 15 - RULEMAKING PROCEDURES › Section 15-15-109 - Rulemaking; conduct of public hearing

Current through June, 2024
(a) The chairperson
				  of the commission or, in the chairperson's absence, another member designated
				  by the commission, or a duly appointed hearings officer shall conduct the
				  public hearing for the adoption, amendment, or repeal of the rules. The
				  commission shall afford interested persons a reasonable opportunity to offer
				  testimony with respect to the matter specified in the notice of hearing, in
				  order 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 to the orderly conduct of the hearing.
(b) Each such public hearing shall be held at
				  the time and place set in the notice of hearing but may at that time and place
				  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 thereof
				  at the hearing.
(c) At the
				  commencement of the hearing, the presiding officer shall read the notice of
				  hearing and shall outline briefly the procedure to be followed. Testimony shall
				  then be received with respect to the matters specified in the notice of hearing
				  in such order as the presiding officer shall prescribe.
(d) Each witness, before proceeding to
				  testify, shall state the witness' name, address, and whom the witness
				  represents at the hearing, and shall give any information respecting the
				  witness' appearance as the presiding officer may request. The presiding officer
				  shall confine the testimony to the matters for which the hearing has been
				  called, In order to allow persons to have an equal amount of time to testify,
				  or to prevent cumulative unnecessary testimony, the presiding officer may limit
				  the amount of time for testimony per individual or per issue. Every witness may
				  be subject to questioning by the members of the commission or by any other
				  representative of the commission. Questions by other than commission members or
				  staff shall be permitted only at the discretion of the presiding
				  officer.
(e) All interested persons
				  or agencies shall be afforded an opportunity to submit data, views, or
				  arguments orally or in writing that are relevant to the matters specified in
				  the notice of hearing. A person may submit written comments, data, views, or
				  arguments ten days after the close of the scheduled public hearing date. An
				  original and one paper copy and one electronic copy of written comments,
				  recommendations, replies, or exhibits shall be submitted.
(f) Unless otherwise specifically ordered by
				  the commission, testimony given at the public hearing-shall not be reported
				  verbatim.
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 15 - RULEMAKING PROCEDURES › Section 15-15-110 - Emergency rulemaking

Current through June, 2024
If the commission finds that an imminent peril to public
					 health or safety requires adoption, amendment, or repeal of a rule upon less
					 than thirty days notice of hearing, and states in writing its reasons for that
					 finding, it may adopt emergency rules pursuant to section
					 91-3(b)
					 and
					 91-4,
					 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 16 - LAND USE DISTRICT BOUNDARIES › Section 15-15-111 - Land use district boundaries

Current through June, 2024
(a) The boundaries
				  of land use districts are shown on the land use district maps, entitled "Land
				  Use District Boundaries., dated December 20, 1974," as amended, maintained and
				  under the custody of the commission.
(b) The official maps entitled "Land Use
				  District Boundaries, dated December 20, 1974," as amended, are located in 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 17 - IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS › Section 15-15-120 - Criteria and procedure for the identification of important agricultural lands

Current through June, 2024
(a) The commission
				  shall not approve a petition to have land designated as important agricultural
				  land, either in whole or in part, unless the commission finds upon a clear
				  preponderance of the evidence, that the designation is reasonable and
				  consistent- with the policies of chapter
				  205 HRS and the provisions of this
				  subchapter
				  17.
(b) Any petition seeking to designate lands
				  as important agricultural lands shall adhere to the requirements of subchapter
				  14 of this chapter. A petition seeking
				  to designate lands as important agricultural lands and a reclassification of
				  lands to urban, rural or conservation under section
				  205-45,
				  HRS, or a credit for reclassification of lands to urban, rural or conservation,
				  shall be set for hearing in accordance with section 15-15-100. Any hearing set
				  for determination of a petition for designation of important agricultural lands
				  under this section shall be held pursuant to the procedures and requirements
				  set forth in section
				  205-4,
				  HRS, and subchapters
				  7 and
				  14 of this chapter. Petitions to
				  intervene shall follow the procedures and requirements contained in section
				  15-15-52.
(c) In review of any
				  petition seeking, in part or in whole, to have lands classified as important
				  agricultural lands, the commission shall specifically consider the following:
(1) Whether the land is currently used for
				  agricultural production;
(2) The
				  land's soil qualities and whether the growing conditions support agricultural
				  production of food, fiber, or fuel- and energy-producing crops;
(3) The land's classification or
				  identification under agricultural productivity rating systems, such as the
				  agricultural lands of importance to the State of Hawaii (ALISH) system adopted
				  by the board of agriculture on January 28, 1977;
(4) If the land has been or is a type that
				  has been associated with traditional native Hawaiian agricultural uses, such as
				  taro cultivation, or unique agricultural crops and uses, such as coffee,
				  vineyards, aquaculture, and energy production;
(5} The land shall have sufficient quantities
				  of water to support viable agricultural production;
(6) If the land's designation as important
				  agricultural lands will be consistent with general, development, and community
				  plans of the county;
(7) Land that
				  contributes to maintaining a critical land mass important to agricultural
				  operating productivity; and
(8)
				  Whether the land has, or is near, support infrastructure conducive to
				  agricultural productivity, such as transportation to markets, water, or
				  power,
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 17 - IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS › Section 15-15-121 - Petition by farmer or landowner

Current through June, 2024
(a) A farmer or
				  landowner seeking to have lands designated important agricultural lands may
				  file a petition for declaratory ruling with the commission seeking to have its
				  lands designated important agricultural lands.
(b) The petition for declaratory ruling shall
				  be submitted in accordance with subchapter
				  14 and shall include:
(1) Tax map keys of the land to be designated
				  along with verification and authorization from the applicable
				  landowners;
(2) Proof of
				  qualification for designation under section 15-15-120; and
(3) The current or planned agricultural use
				  of the area to be designated.
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 17 - IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS › Section 15-15-122 - Petition by farmer or landowner for designation of important agricultural land and urban, rural or conservation re-classification

Current through June, 2024
(a)
				  A landowner may, within the same petition for declaratory order as described in
				  subsection 15-15-121, request the reclassification of a portion of the land
				  which is the subject of the petition in the agricultural district to the rural,
				  urban, or conservation district, or a combination thereof. The land sought to
				  be reclassified as urban, rural or conservation shall;
(1) Be within the same county as the land
				  sought to be designated as important agricultural lands;
(2) If the reclassification of the land is
				  proposed to the urban district, that reclassification to urban is consistent
				  with the relevant county general and community, development, or community
				  development plans; and
(3) Be no
				  more than fifteen percent of the total acreage which is the subject of the
				  petition such that at least eighty-five per cent of the total acreage which is
				  the subject of the petition is sought to be designated as important
				  agricultural land; and
(4) Meet all
				  of the requirements of subchapter
				  8 herein.
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 17 - IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS › Section 15-15-123 - Adherence to chapter 343 HRS

Current through June, 2024
A petition filed under this subsection, if applicable,
					 shall adhere to the requirements of chapter
					 343, HRS. No petition under this
					 subchapter will be deemed complete unless it has met the requirements of
					 chapter
					 343, 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 17 - IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS › Section 15-15-126 - Criteria for designation of lands as Important agricultural lands pursuant to county recommendation

Current through June, 2024
(a) In designating
				  important agricultural lands in the state, pursuant to the recommendations of
				  individual counties, the commission shall consider the extent to which:
(1) The proposed lands meet the standards and
				  criteria under section
				  205-44,
				  HRS, and section 15-15-120;
(2) The
				  proposed designation is necessary to meet the objectives and policies for
				  important agricultural lands in sections
				  205-42
				  and
				  205-43,
				  HRS; and
(3) The commission has
				  designated lands within the county as important agricultural lands, pursuant to
				  this subchapter.
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 17 - IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS › Section 15-15-128 - Periodic review and amendment of important agricultural lands maps

Current through June, 2024
(a) Amendment of the maps of important
				  agricultural lands initiated by the county shall be conducted in accordance
				  with section 15-15-109.
(b) In a
				  county-initiated proceeding for an amendment of important agricultural land
				  maps and designation under section 15-15-128(a), the "important agricultural
				  lands" designation shall be removed from lands previously designated as
				  important agricultural lands where the commission finds, by a preponderance of
				  the evidence, that a sufficient supply of water is no longer available to allow
				  profitable farming of the lands due to governmental actions, acts of God, or
				  other causes beyond the farmer or landowner's reasonable control.
(c) The commission shall not remove the
				  important agricultural lands designation if the lands were designated important
				  agricultural lands by declaratory order in combination with the
				  reclassification of land in the agricultural district to the rural,
				  conservation or urban district pursuant to section
				  205-45,
				  HRS, unless the legislature provides prior authorization by adoption of a
				  concurrent resolution in accordance with section
				  205-45.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-1 - Purpose

Current through June, 2024
This chapter governs procedures before the high technology
					 development corporation under chapter
					 206M, HRS, and shall be construed to
					 effectuate the purpose of the chapter and to secure the just and efficient
					 determination of every proceeding.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning
					 clearly appears in the context:
"Board" means the board of directors who constitute the
					 governing body of the development corporation, as provided by section
					 206M-2(b);
					 HRS;
"Contested case" means a proceeding in which the legal
					 rights, duties, or priviliges of specific parties are required by law to be
					 determined after an opportunity for hearing;
"Chairperson" means the person elected by the board to
					 serve as chairperson of the board;
"Designated representative" means any person designated in
					 writing by the state director of planning and economic development, or the
					 state director of finance, to represent the designator as an ex officio voting
					 member of the board;
"Development corporation" means the high technology
					 development corporation established by section
					 206M-2(a),
					 HRS, to develop industrial parks and facilities for high technology
					 enterprises;
"Ex officio member" means the state director of planning
					 and economic development, or the state director of finance;
"Executive director" means the chief administrative
					 officer of the development corporation appointed by the board pursuant to
					 section
					 206M-2(d),
					 HRS;
"HRS" means the Hawaii Revised Statutes;
"Meeting" means the convening of the board for which a
					 quorum is required in order to make a decision or to deliberate toward a
					 decision upon a matter under the supervision or control of the board;
"Petitioner" means any person or agency that petitions the
					 board, or on whose behalf a petition is made to the board, and concerning which
					 the board may take action under statutory or other powers granted to it;
"Proceeding" means any matter brought before the board
					 which is given consideration in light of the powers and duties of the board as
					 provided by law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-3 - Office and office hours

Current through June, 2024
(a) The office of
				  the development corporation is located at 220 South King Street, Central
				  Pacific Plaza, Suite 252, Honolulu, Hawaii 96813. All communications to the
				  development corporation shall be directed to the above address or to P.O. Box
				  2359, Honolulu, Hawaii 96804, unless otherwise directed.
(b) The office of the development corporation
				  shall be open from 7:45 a.m. to 4:30 p.m. Monday through Friday, 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 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-4 - Meetings; conduct of meetings

Current through June, 2024
(a) The board may
				  meet and exercise its powers in any part of the State of Hawaii. All meetings
				  of the board shall be open to the public except executive meetings. Public
				  notice of all meetings, except emergency meetings, shall be made pursuant to
				  section
				  92-7,
				  HRS. The parliamentary procedure to be utilized by the board in the conduct of
				  its meetings shall be based on Robert's rules of order, newly revised, 1981
				  edition. Minutes of the board's meetings shall be kept in accordance with
				  section
				  92-9,
				  HRS.
(b) The board may hold an
				  executive meeting from which the public may be excluded, for those purposes
				  permitted by section
				  92-5, HRS, but only if
				  there is an affirmative vote of at least two-thirds of the members present at
				  the meeting. The reason for holding the executive meeting and the vote of the
				  members shall be recorded and entered into the minutes of the meeting. No
				  ruling, rule, contract, appointment, or decision shall be finally acted upon in
				  an executive meeting.
(c) The board
				  may call an emergency meeting under conditions permitted by section
				  92-8,
				  HRS.
(d) The chairperson may remove
				  any person who wilfully disrupts a meeting.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-5 - Quorum and number of votes necessary for a decision; designated representatives

Current through June, 2024
(a) The power of
				  the development corporation shall be vested in the members of the board in
				  office from time to time. A quorum shall consist of a majority of all the
				  members the board is entitled to by statute, and the affirmative vote of at
				  least that number of members shall be necessary to make any action of the board
				  valid.
(b) A designated
				  representative shall serve as a voting member when representing an ex officio
				  member.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-6 - Authentication of board actions

Current through June, 2024
All actions, decisions, and orders of the board requiring
					 authentication shall be signed by the chairperson, or, in the chairperson's
					 absence, by an officer of the development corporation or by such other person
					 as provided by the by laws.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-7 - Submittals and requests of petitioners

Current through June, 2024
All submittals and requests requiring action by the board
					 which may be taken at a board meeting shall be made in writing and filed with
					 the office of the development corporation at least ten calendar days ,before
					 the date of a scheduled meeting.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-8 - Inspection of public records; requests for public information

Current through June, 2024
All public records of the development corporation shall be
					 available for inspection by any person during office hours unless public
					 inspection of the records is in violation of any state or federal law, or of
					 any court order. Requests for inspection of public records and for public
					 information shall be referred to the executive director, or to a subordinate
					 staff member designated by the executive director. As used in this section, the
					 term "public records" shall be as defined by section 92-50,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-9 - Duties of executive director

Current through June, 2024
The board shall appoint an executive director to serve as
					 the chief administrative officer of the development corporation. The executive
					 director shall be directly responsible to the board, and shall have control
					 over and responsibility for the execution of the board's policies, the
					 administration of its affairs, and the supervision of its
					 staff.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-10 - Delegation of administrative duties

Current through June, 2024
The board may delegate to the executive director any power
					 or authority vested in the board as it deems reasonable and proper for the
					 effective administration of chapter
					 206M, HRS, except the power to
					 adopt, amend, or repeal rules; and any power or authority expressly reserved to
					 the board by statute or rule.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-30-11 - Appointment of hearing officer to hold hearing

Current through June, 2024
The board by written resolution adopted by the board, may
					 appoint a hearing officer to hold a hearing as provided by this chapter.
					 Responsibilities of the hearing officer shall be described in section
					 92-16(3),
					 HRS. A hearing officer shall not be used to hold a hearing in any contested
					 case.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 15-30-14 - General rule

Current through June, 2024
All petitioners shall comply with this chapter when
					 appearing before the board. Procedures to be followed by the board, unless
					 specifically prescribed in this chapter or by chapter
					 91, HRS, shall be those which, in the
					 opinion of the board, will best serve the purposes of the proceeding. For good
					 cause shown, the board may waive or suspend this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 15-30-15 - Appearances before the board

Current through June, 2024
(a) Any party to
				  any proceeding before the board may appear pro se or be represented by an
				  authorized representative.
(b) When
				  an individual acting in a representative capacity appears in person or signs a
				  paper submitted to the board, the personal appearance or signature of that
				  individual shall constitute a representation to the board that under the
				  provisions of this chapter and the applicable statute, the individual is
				  authorized and qualified to represent that particular person or entity. The
				  board, at any time, may require any person transacting business with the
				  development corporation in a representative capacity to authenticate the
				  person's authority and qualification to act.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 15-30-16 - Disqualification of board members

Current through June, 2024
Up to five calendar days before the scheduled hearing or
					 meeting a petitioner may file an affidavit alleging that one or more of the
					 board members has a personal bias or prejudice. Every affidavit shall state the
					 facts and reasons for the belief that bias or prejudice exists. Any member
					 against whom the affidavit is filed may answer the affidavit. The chairperson
					 shall decide whether that member should be disqualified from acting upon the
					 proceeding.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 15-30-17 - Filing of papers

Current through June, 2024
(a) All requests,
				  submittals, petitions, reports, maps, exceptions, plans, memoranda, and other
				  papers required to be filed with the development corporation pursuant to any
				  proceeding shall be filed within the time limits prescribed by the applicable
				  law, rules, or by order of the board. The date on which the papers are received
				  by personal service or by mail shall be regarded as the date of
				  filing.
(b) All papers filed with
				  the development corporation shall be:
(1)
				  Written in black ink, typewritten, photocopied, mimeographed, or
				  printed;
(2) Plainly legible;
				  and,
(3) On strong, durable paper
				  not larger than
				  8-1/2" x 11"
				  in size, except that maps, charts, tables, and other like documents may be
				  larger, folded to the size of the papers to which they are attached.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 30 - HIGH TECHNOLOGY DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE DEVELOPMENT CORPORATION › Section 15-30-18 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency is required to take action
					 within the period prescribed or allowed by this chapter, or by notice given
					 under this chapter, or by an order, the chairperson may:
(1) With or without notice, extend the period
				  before the expiration of the prescribed period; or
(2) Upon motion, permit the act to be done
				  after the expiration of a specified period where the failure to act is
				  reasonably shown to be excusable.