Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-217-5 - Rules of interpretation

Current through June, 2024
(a) Provisions of
				  the rules are activated by 'shall" when required; "should" when recommended;
				  and "may" when optional.
(b) In
				  addition to text-only contents of the rules, section 15-217-5 (rules of
				  interpretation) shall also control related captions, titles, and
				  figures.
(c) Terms not defined in
				  section 15-217-8 {definitions of terms) shall be accorded their commonly
				  accepted meanings. In the event of conflicts between these definitions and
				  those found elsewhere within the Hawaii community development authority's
				  administrative rules, these rules shall take precedence.
(d) The figures located herein are an
				  integral part of the rules. However, Figures 1.11 to 1.16, dated September
				  2011, made a part of this chapter, and attached at the end of this chapter, are
				  illustrative guidelines.
(e) Where
				  in conflict, numerical metrics shall take precedence over graphic
				  metrics.
(f) Words used in the
				  singular include the plural; words used in the plural include the
				  singular.
(g) Words used in the
				  present tense include the future tense; words used in the future tense include
				  the present tense.
(h) Within the
				  rules, sections are occasionally prefaced with "purpose" or "intent"
				  statements. Each such statement is intended as an official statement of
				  legislative finding or purpose. The "purpose" or "intent" statements are
				  legislatively adopted, together with their accompanying rules text. They are
				  intended as a guide to the administrator and shall be treated in the same
				  manner as other aspects of legislative history. However, they are not binding
				  standards.
(i) In their
				  interpretation and application, the provisions of the rules are considered
				  minimal in nature. Whenever the provisions, standards, or requirements of
				  HCDA's rules of practice and procedure and chapter
				  218 (reserved housing), Hawaii
				  administrative rules, are higher or more restrictive, the latter shall
				  control.
(j) Whenever the executive
				  director determines that the meaning or applicability of any requirement of the
				  rules is subject to interpretation generally, or as applied to a specific case,
				  the executive director may issue an official interpretation. The executive
				  director may also forward any interpretation of the meaning or applicability of
				  any provision of the rules directly to the authority for a determination at a
				  public meeting:
(1) The issuance of an
				  interpretation shall include findings stating the basis for the interpretation.
				  The basis for an interpretation may include but is not limited to technological
				  changes or new industry standards. The issuance of an interpretation shall also
				  include a finding documenting the consistency of the interpretation with the
				  mauka area plan;
(2) All
				  interpretations shall be:
(A) Written and
				  shall quote the provisions of the rules being interpreted, and the
				  applicability in the particular or general circumstances that caused the need
				  for interpretations, and the determination; and
(B) Distributed to the authority, executive
				  director, and Hawaii community development authority staff;
(3) Any interpretation of the
				  rules by the executive director may be appealed to the authority in compliance
				  with section 15-217-88 (appeals); and
(4) Any provision of the rules that is
				  determined by the executive director to need refinement or revision will be
				  corrected by amending the rules as soon as is practical. Until an amendment can
				  occur, the executive director will maintain a complete record of all
				  interpretations to the rules, indexed by the number of the subchapter, section
				  or subsection that is the subject of the interpretation.