reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-6 - Trust fund expenditures

Current through June, 2024
The trust fund assets shall be expended for any of the
				  following purposes by board action:
(1) Condemnation of private lands to create a
				new state park(s);
(2) Condemnation
				of private lands to expand an existing state park(s); and
(3) Costs of administering the trust fund.
				Such expenditures of fund monies shall be limited to earned interest amounts
				available in the fund at the time of expenditure.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-7 - Election to take payment or delivery

Current through June, 2024
(a) The chairperson
				may decline to receive any property reported under this part which the
				chairperson considers to have a value less than the expense of giving public
				notice and of a sale to convert the property to cash. If the chairperson elects
				not to receive custody of the property, the donor shall be notified within one
				hundred twenty days after filing a report for such election.
(b) A similar election and report can be made
				at the chairperson's discretion when the monetary or property donation is
				accompanied by conditions unacceptable to the chairperson, as determined by the
				chairperson in the chairperson's sole discretion.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-8 - Disposition of property having insubstantial commercial value; immunity from liability

Current through June, 2024
If the chairperson determines after investigation that any
				  property delivered under this part has commercial value of less than one
				  hundred dollars ($100.00), the chairperson may destroy or otherwise dispose of
				  the property at any time, provided a report of such circumstance and
				  destruction is prepared and retained by the department. No action or proceeding
				  may be maintained against the State or any officer, employee, or agent of the
				  State, or against any donor for or on account of any action taken by the
				  chairperson pursuant to this section.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-9 - Deposit of funds

Current through June, 2024
The department shall promptly deposit in the trust fund all
				  funds accepted by the chairperson. Trust fund monies may be deposited into
				  interest bearing accounts. In the instance of non-monetary properties accepted
				  by the chairperson, once custody is secured, the fiscal officer shall consult
				  with the department of budget and finance to ascertain an appropriate means to
				  convert such property to cash for deposit into the fund, and then make such
				  conversions.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-10 - Earmarked and excess funds; time limitation

Current through June, 2024
(a) The
				department may apply private funds toward the condemnation of other state
				park(s) in the county for which the contribution was intended, if no
				condemnation action has been initiated for specified private lands within five
				years after the receipt of the contribution.
(b) When excess private funds are available
				for the acquisition of specified private lands, that land must be acquired
				before any excess private funds may be used for other acquisitions within the
				county in which the specified private land is located.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-11 - Matching funds

Current through June, 2024
The department may utilize federal, state, or local
				  government appropriation(s) that may become available to carry out any proposed
				  park acquisition. Such appropriation(s) shall be used to supplement private
				  monies accumulated for the acquisition, using the private monies
				  first.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-12 - Delisted park lands

Current through June, 2024
The chairperson may remove from the list established by
				  section 13-147-3(2),
				  private lands previously identified to expand existing or create new park
				  lands, provided that no such delisting shall occur if contributions totaling at
				  least $10,000 is on deposit in the trust fund to acquire such listed land and
				  the time limitation described in section
				  13-147-10 has not been
				  exceeded.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-13 - Conveyance of park lands

Current through June, 2024
The board may, subject to chapter
				  171, Hawaii Revised Statutes, and
				  with the approval of the governor, sell, lease, or otherwise convey lands
				  acquired pursuant to these rules, subject to terms and conditions which it
				  deems appropriate and which will insure that the transferee will not use the
				  land in a manner which is inconsistent with the purposes for which it was
				  acquired by the board. The department shall provide that such terms and
				  conditions shall run with the land and shall be binding on the transferee's
				  heirs, successors, and assigns.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-14 - Donor recognition

Current through June, 2024
The board may recognize the contribution of the donor(s)
				  pursuant to section
				  13-146-27; provided that no park
				  acquired or existing park added to pursuant to these rules shall be named for,
				  by, or after a donor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 6 - STATE PARKS › Chapter 147 - PARK ACQUISITION TRUST FUND › Section 13-147-16 - Severability

Current through June, 2024
If any provision of this part or the application thereof to
				  any person or circumstance is held invalid, the invalidity shall not affect
				  other provisions of application of this part which can be given effect without
				  the invalid provision or application, and to this end the provisions of this
				  part are severable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-1 - Purpose

Current through June, 2024
This chapter governs practice and procedure before the
					 commission on water resource management of the state under chapter
					 91, Hawaii Revised Statutes, the
					 Constitution and water laws of the state, the Constitution and laws of the
					 United States, and such other related acts as may now or hereinafter be
					 administered by the commission. These rules shall be construed to secure the
					 just, speedy, and inexpensive determination of every
					 proceeding.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-4 - Office

Current through June, 2024
The principal office of the commission is at the
					 Kalanimoku building, 1151 Punchbowl St., Honolulu, Hawaii. All communications
					 to the commission shall be addressed to the commission on water resource
					 management, 1151 Punchbowl Street, Honolulu, Hawaii, 96813 unless otherwise
					 specifically directed. The offices of the commission shall be open from 7:45
					 a.m. to 4:30 p.m. Monday through Friday unless otherwise provided by law or
					 order.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-5 - Meetings

Current through June, 2024
(a) The commission may meet and shall
				  exercise its powers throughout the entire State of Hawaii.
(b) Regular meetings of the commission shall
				  be held in Honolulu, each and every month at a time and place established by
				  the commission. Notice shall be given in accordance with chapter
				  92, HRS.
(c) Special meetings may be convened by the
				  chairperson of the commission at any time by giving notice at least five days
				  prior to the date of the meeting to each member present in the state and by
				  posting a public notice at the office of the department of land and natural
				  resources, provided, however, that in the case of emergencies, meetings shall
				  be conducted in accordance with HRS §
										92-8.
(d) All meetings of the commission shall be
				  open to the public; provided, that the commission may meet in executive
				  session, as provided in chapter
				  92, HRS, from which the public may be
				  excluded, by a recorded vote of two-thirds of the members present. No order,
				  ruling, contract, appointment, or decision shall be finally acted upon at the
				  executive session.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-6 - Quorum

Current through June, 2024
Four members of the commission shall constitute a quorum
					 to transact business and the concurrence of a simple majority of the members of
					 the commission shall be necessary to approve any action of the
					 commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-7 - Chairperson

Current through June, 2024
(a) The chairperson shall, in addition to any
				  other duties, have charge of the commission's official records and shall be
				  responsible for the maintenance and custody of the files and records of the
				  commission, including the transcripts of testimony and exhibits, with all
				  papers and requests filed in proceedings, the minutes of all action taken by
				  the commission and all its findings, determinations, reports, opinions, orders,
				  rules, and approved forms.
(b) The
				  chairperson shall also prepare for submission by the commission an annual
				  report of the commission's activities, accomplishments, and recommendations to
				  the governor and to the legislature through the governor.
(c) All orders and other actions of the
				  commission shall be authenticated or signed by the chairperson or other persons
				  authorized by the commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-8 - Deputy to the chairperson

Current through June, 2024
(a) There shall be
				  a first deputy to the chairperson of the commission for water resource
				  management who shall be in addition to any first deputy to the chairperson of
				  the board of land and natural resources. The deputy shall have experience in
				  the area of water resources and shall be appointed by the chairperson with the
				  approval of a majority of the commission.
(b) The duties of the deputy for water
				  resource management shall be to administer and implement, under the direction
				  of the commission, the state water code and all rules, and other directives
				  promulgated in accordance therewith by the commission. Nothing in this
				  provision shall be construed as limiting the authority of the commission as to
				  matters regarding water resources.
(c) The deputy shall serve as the
				  administrative head of the commission staff and shall have responsibilities and
				  duties as may be prescribed by the commission.
(d) The deputy shall prepare a hearing
				  calendar and the agenda for all meetings, under the direction of the
				  chairperson.
(e) The deputy shall
				  certify all decisions and orders and other actions of the commission.
(f) All requests for public information,
				  copies of public records, or to inspect the public records of the commission,
				  shall be directed to the deputy either in writing or in person.
(g) The deputy shall prepare for the
				  commission the draft of an annual report of the commission's activities,
				  accomplishments, and recommendations for submission to the governor and to the
				  legislature through the governor.
(h) The position of deputy for water resource
				  management is not subject to chapters 7 6 and 77, HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-9 - Public records

Current through June, 2024
(a) All public
				  records shall be available for inspection in the office of the commission,
				  Honolulu, Hawaii, during established office hours unless such inspection of
				  these records is contrary to any state or federal law. Where the records are
				  open under any rule of court, the attorney general may determine which records
				  may be withheld from public inspection when the records:
(1) pertain to the preparation of the
				  prosecution or defense of any action or proceeding to which the state is or may
				  be a party; or
(2) are necessary
				  for the protection of the character or reputation of any person.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-10 - Penalties

Current through June, 2024
(a) The commission may enforce its rules and
				  orders adopted pursuant to this title by suit for injunction or for damages or
				  both.
(b) Any person who violates
				  any provision of this title or any permit condition or limitation established
				  pursuant to this title or who negligently or willfully fails to or refuses to
				  comply with any final order of the commission may be subject to a fine imposed
				  by the commission. Such fine shall not exceed $1,000 per violation. For a
				  continuing offense, each day during which the offense is committed is a
				  separate violation.
(c) No
				  provision of this chapter shall bar the right of any injured person to seek
				  other legal or equitable relief against a violator of this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 13-167-11 - Severability

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstance is held invalid, this invalidity does not
					 affect other provisions or applications of the chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-21 - Appearance and practice before the commission

Current through June, 2024
(a) A person
				  may appear on his/her own behalf. A partner may represent the partnership. A
				  bona fide officer or employee of a corporation, trust, or association may
				  represent the corporation, trust, or association. An officer or employee of an
				  agency may represent the agency in any proceeding before the
				  commission.
(b) Any person,
				  partnership, corporation, trust, or association may be represented by or with
				  counsel or other duly qualified representatives in any proceeding under these
				  rules.
(c) When a person acting in
				  a representative capacity appears in person or signs any document or other
				  papers in practice before the commission, the person shall show the authority
				  to act in that capacity.
(d) No
				  person who has been associated with the commission as a member, officer,
				  employee, or counsel shall be permitted at any time to appear before the
				  commission in behalf of or to represent in any manner, any party in connection
				  with any proceeding or matter which the person has handled or passed upon while
				  associated in any capacity with the commission.
(e) No person who has been associated with
				  the commission as a member, officer, employee, or counsel thereof shall be
				  permitted to appear before the commission in behalf of, or to represent in any
				  manner, any person in connection with any proceeding or matter which was
				  pending before the commission at the time of the person's association with the
				  commission unless the person shall first have obtained the written consent of
				  the commission verifying that the person did not give personal consideration to
				  the matter or proceeding in which the consent is sought or gain particular
				  knowledge of the facts thereof during the person's association with the
				  commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-22 - Proceedings before the commission

Current through June, 2024
(a) All proceedings
				  before the commission concerning the enforcement or application of any
				  provision of this chapter or any rule adopted pursuant thereto, or the
				  issuance, modification, or revocation of any permit or license under this code
				  by the commission, shall be conducted in accordance with chapter
				  91, HRS. Hearings regarding particular
				  water resources shall be conducted on the island where those water resources
				  are located.
(b) The commission may
				  on its own motion or on petition or application of any interested person or
				  persons or an agency of the state or county government hold proceedings as
				  necessary from time to time for the purpose of:
(1) obtaining information necessary or
				  helpful in the determination of its policies or actions;
(2) formulating its rules;
(3) carrying out its duties and
				  responsibilities including the designation of water management areas, the
				  permitting of water uses, and the enforcement of rules, orders and legal
				  standards and obligations.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-23 - Dispute resolution

Current through June, 2024
(a) The commission
				  shall have jurisdiction statewide to hear any dispute regarding water resource
				  protection, water permits, or constitutionally or otherwise legally protected
				  water interests, or where there is insufficient water to meet competing needs
				  for water, whether or not the area involved has been designated as a water
				  management area under this title. The final decision on any matter shall be
				  made by the commission.
(b)
				  Pursuant to its authority to resolve disputes regarding water, the commission
				  may accept for consideration and decision:
(1) cases or controversies referred to it by
				  a court; or
(2) questions certified
				  to it by a court.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-24 - Hearings officers

Current through June, 2024
(a) The chairperson
				  may appoint hearings officers, not subject to chapters
				  76 and
				  77, HRS, to conduct public hearings
				  and/or to hear and reach a preliminary decision on any matter concerning the
				  implementation or administration of the state water code which the commission
				  may refer to the hearings officers by rule or otherwise.
(b) In assigning matters to hearings
				  officers, the chairperson shall make the assignments in a manner which ensures
				  that hearings officers will develop familiarity and expertise with given
				  geographic areas.
(c) In conducting
				  a hearing on any matter referred by the commission, a hearings officer shall
				  solicit and consider the views of the appropriate county officials responsible
				  for planning, economic development, and resource management and such other
				  county officials and others as the commission shall direct. Any affected county
				  agency shall be admitted as a party upon request.
(d) Each hearings officer is deemed to be an
				  agent of the commission with all powers associated with such
				  designation.
(e) The commission
				  shall adjudicate disputes where there is insufficient water to meet competing
				  needs.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-25 - Filing of documents

Current through June, 2024
(a) All pleadings,
				  applications, submittals, petitions, reports, maps, exceptions, briefs,
				  memoranda, and other papers required to be filed with the commission in any
				  proceeding shall be filed with the chairperson. These papers may be sent by
				  mail or hand-carried to the commission office in Honolulu, Hawaii, within the
				  time limit, if any, for filing. The date on which the papers are actually
				  received by the office of the chairperson shall be deemed to be the date of
				  filing.
(b) All papers shall be
				  written, typewritten, or printed and signed in ink by the party or the party's
				  authorized agent or attorney. The individual's name in block or typed letters
				  shall appear beneath all signatures. An individual's signature on a document
				  shall constitute a certification that the person has read the document, that to
				  the best of that person's knowledge, information, and belief every statement
				  contained in the document is true and no statements are misleading, and that it
				  is not interposed for delay.
(c)
				  Unless otherwise specifically provided by a particular rule or order of the
				  commission, an original and three copies of all papers shall be
				  filed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-26 - Continuances, extensions, and computation of time

Current through June, 2024
Whenever a person or agency has a right or is required to
					 take action within the period prescribed or allowed by these rules, by notice
					 given thereunder or by an order, the commission or its chairperson may, for
					 good cause and if permitted by law:
(1) Before the expiration of the prescribed
				  period, with or without notice, extend the period; or
(2) Upon application, permit the act to be
				  done after the expiration of a specified period.
Time shall be computed in accordance with HRS §
											1-29.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-27 - Documents

Current through June, 2024
If any document filed with the commission is not in
					 substantial conformity with rules of the commission as to the contents thereof,
					 or which is otherwise insufficient, the commission may refuse to accept the
					 document, or may require its amendment. All documents filed with or presented
					 to the commission may be retained in the files of the commission. The
					 commission may permit the withdrawal of original documents upon submission of
					 properly authenticated copies to replace the documents.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-28 - Service of Decision and Notice of Rules

Current through June, 2024
All final decisions, orders, opinions, or rulings entered
					 by the commission in a proceeding shall be served upon the parties or persons
					 participating in the proceeding by regular mail or personal delivery by the
					 commission and may be released for general publication. All rules and written
					 policies promulgated by the commission as well as copies of the published
					 materials shall be available for public inspection in the offices of the
					 commission or may be obtained upon request and upon payment of the appropriate
					 fee, if any.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-29 - Counsel for the commission

Current through June, 2024
(a) The attorney
				  general or representative of the attorney general's office shall be counsel to
				  the commission and shall advise and represent the commission in all legal
				  matters. The attorney general's representative shall attend the meetings and
				  proceedings of the commission and shall be served with copies of all papers,
				  pleadings, maps, documents and other papers in any proceeding.
(b) In the event any state agency appears
				  before the commission as an applicant or in an adjudicatory posture or
				  proceeding, that agency shall utilize legal counsel independent of the
				  commission's attorney.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-30 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the commission may
					 permit the substitution of parties; provided that in case of the death of a
					 party, substitution may be permitted without filing of a
					 motion.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-31 - Consolidations

Current through June, 2024
The commission, upon its own initiation or upon motion,
					 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 are the same or closely related, if it finds that the
					 consolidation or contemporaneous hearing will be conducive to the proper
					 dispatch of its business and to the ends of justice and will not unduly delay
					 the proceedings.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-32 - Judicial review and appeal

Current through June, 2024
Judicial review of rules and orders of the commission
					 under this chapter shall be governed by chapter
					 91, HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 2 - PROCEEDINGS BEFORE THE COMMISSION › Section 13-167-33 - Acquisition of real property

Current through June, 2024
(a) The commission
				  may acquire real property as provided in HRS
				  174C-14
				  or it may request the board of land and natural resources on behalf of the
				  commission to acquire, regulate or manage property under HRS chapters
				  171,
				  173,
				  173A,
				  174,
				  174C,
				  175, 179, 180, and
				  180C.
(b) The commission or the board of land and
				  natural resources on the commission's behalf may acquire real property and
				  easements by purchase, gift, devise, lease, eminent domain, or otherwise for
				  flood control, water management, or water and water-related resource
				  conservation.
(c) Land, water
				  areas, and related resources which may be acquired for this purpose include,
				  but are not limited to, streams and other watercourses, parks and recreation
				  areas, beaches, submerged lands, and other open areas, as well as necessary
				  access sites and rights-of-way.
(d)
				  This section does not limit the exercise of similar powers delegated by statute
				  to any state or local government agency. This section is not intended to limit,
				  in any way, the powers of the commission in regards to the acquisition of real
				  property under any other statute.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-167-41 - Initiating proceedings

Current through June, 2024
Pursuant to petition, or upon its own motion, the
					 commission shall hold a public hearing as provided by law whenever it proposes
					 to issue, amend, or repeal a rule.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-167-42 - Notice of hearing

Current through June, 2024
(a) Notice of
				  proposed rulemaking shall be published at least once in a newspaper of general
				  circulation in the state and in each county affected by the proposed rule. All
				  notices shall be issued at least twenty days prior to the date set for public
				  hearing.
(b) A notice of the
				  proposed issuance, amendment, or repeal of a rule shall include:
(1) A statement of the date, time, and place
				  where the public hearing shall be held;
(2) Reference to the authority under which
				  the issuance, amendment, or repeal of a rule is proposed;
(3) A statement of the substance of the
				  proposed rulemaking; and
(4) In the
				  case of a proposal to establish, change, or review hydrologic unit boundaries,
				  in addition to the foregoing, a statement of the time and place where maps
				  showing the proposed or existing boundaries within the county may be inspected
				  prior to the public hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-167-43 - Time and place

Current through June, 2024
Each 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. Where the proposed rulemaking affects only one county, the public
					 hearing shall be held in that county.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-167-45 - Emergency rulemaking

Current through June, 2024
Notwithstanding the foregoing rules, if the commission
					 finds that an imminent peril to public health, safety, or morals requires
					 adoption, amendment, or repeal of a rule upon less than twenty days' notice of
					 hearing, and states in writing its reason for the finding, it may proceed
					 without prior notice or hearing, or upon an abbreviated notice and hearing, to
					 adopt an emergency rule to be effective for a period not longer than 120 days
					 without renewal.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-167-46 - Petitions for adoption, amendment or repeal of rules

Current through June, 2024
(a)
				  Any interested person or any agency of the state or county government may
				  petition the commission for the issuance, amendment, modification, or repeal of
				  any rule which is designed to implement, interpret, or prescribe law, policy,
				  organization, procedure, or practice requirements of the commission.
(b) Petitions for rulemaking shall set forth
				  the text of any proposed rule or amendment desired or specifying the rule the
				  repeal of which is desired and stating concisely the nature of the petitioner's
				  interest in the subject matter and the reasons for seeking the issuance,
				  amendment, or repeal of the rule and shall include any facts, views, arguments,
				  and data deemed relevant by petitioner. The commission may require the
				  petitioner to adequately and properly notify persons or governmental agencies
				  known to be interested in the proposed rulemaking of the existence of the filed
				  petition. No request for the issuance, amendment, modification, or repeal of a
				  rule which does not conform to the requirements set forth above shall be
				  considered by the commission.
(c)
				  Petitions for rulemaking shall become matters of public record upon filing. The
				  commission shall within thirty days following the filing of the petition either
				  deny the petition in writing or initiate public rulemaking procedures. No
				  public hearing, oral argument, or other form of proceedings need be held, but
				  if the commission determines that the petition discloses sufficient reasons in
				  support of the relief requested to justify the institution of public rulemaking
				  proceedings, the procedures to be followed shall be as set forth in this
				  subchapter. 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 any material respect to comply
				  with the requirements of these rules, the petitioner shall be so notified
				  together with the grounds for the 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 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-51 - Contested case hearing

Current through June, 2024
When required by law, the commission shall hold a
					 contested case hearing upon its own motion or on the written petition of any
					 government agency or any interested person who is properly admitted as a party
					 pursuant to section
					 13-167-54. Unless specifically
					 prescribed in this chapter or by chapter
					 91, Hawaii Revised Statutes, the
					 commission may adopt procedures that in its opinion will best serve the
					 purposes of the hearings. Where required by law, a public hearing shall be held
					 prior to the contested case hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-52 - Request for hearing

Current through June, 2024
(a) A hearing on a
				  contested matter may be requested by the commission on its own motion or upon
				  the written petition of any government agency or interested person. An oral or
				  written request for a contested case hearing must be made by the close of the
				  public hearing (if one is required) or the commission meeting at which the
				  matter is scheduled for disposition (if no public hearing is required). In
				  either situation, the person or agency requesting the contested case hearing
				  must file (or mail and postmark) a written petition with the commission not
				  later than ten days after the close of the public hearing or the commission
				  meeting, whichever is applicable. The commission may extend the time for
				  submitting a written petition for an additional ten days if
				  necessary.
(b) A petition
				  requesting a contested case hearing shall contain concise statements of:
(1) The legal authority under which the
				  proceeding, hearing or action is to be held or made;
(2) The petitioner's interest that may be
				  affected;
(3) The disagreement,
				  denial, or grievance which is being contested by the petitioner;
(4) The basic facts and issues
				  raised;
(5) The relief to which the
				  party or petitioner seeks or deems itself entitled; and
(6) The identification of any and all other
				  persons who may or will be affected by the relief which petitioner
				  seeks.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-53 - Notice of hearing

Current through June, 2024
After a determination is made that a contested case
					 hearing is required, the written notice of hearing shall be served on parties
					 in accordance with section
					 91-9.5,
					 Hawaii Revised Statutes, and shall be served on all persons or agencies
					 admitted as a party at their last recorded addresses at least fifteen days
					 before the hearing date. Further, the notice shall be published as provided by
					 law at least once in a newspaper of general circulation within the state and
					 within the county provided that matters of internal management shall not be
					 subject to the publication requirement.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-54 - Parties

Current through June, 2024
(a) The following persons or agencies shall
				  be admitted as a party:
(1) The petitioner
				  shall be a party.
(2) All
				  government agencies whose jurisdiction includes the land or water in question
				  may be admitted as parties upon timely application.
(3) All persons within a hydrologic unit who
				  have some property interest in the land, who lawfully reside on the land, who
				  are adjacent property owners, or who otherwise can demonstrate that they will
				  be so directly and immediately affected by the proposed change that their
				  interest in the proceeding is clearly distinguishable from that of the general
				  public shall be admitted as parties upon timely application.
(4) Other persons who can show a substantial
				  interest in the matter may apply to be a party. The presiding officer or the
				  commission may approve the application only if the applicant's participation
				  will substantially assist the commission in its decision making.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-55 - Mediation; prehearing conferences; exchange of exhibits; briefs

Current through June, 2024
(a) After the parties to a contested case
				  hearing have been determined, the commission may appoint a mediator in
				  accordance with these rules to seek a solution to the dispute.
(b) The presiding officer may hold, or cause
				  to be held, pre-hearing conferences with the parties for the purpose of
				  formulating or simplifying the issues, arranging for the exchange of proposed
				  exhibits or proposed written testimony, setting of schedules, exchanging names
				  of witnesses, limiting the number of witnesses, and such other matters as may
				  expedite orderly conduct and disposition of the proceeding as permitted by
				  law.
(c) The presiding officer may
				  request briefs setting forth the issues, facts and legal arguments upon which
				  the parties intend to rely and the presiding officer may fix the conditions and
				  time for the filing of briefs and the number of pages. Exhibits may be
				  reproduced in an appendix to a brief. A brief of more than twenty pages shall
				  contain a subject index and table of authorities.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-57 - Procedure for witnesses

Current through June, 2024
(a) Witnesses may
				  be subpoenaed as set forth below:
(1)
				  Requests for the issuance of subpoenas, requiring the attendance of a witness
				  for the purpose of taking oral testimony before the commission shall be in
				  writing, and shall state the reasons why the testimony of the witness is
				  believed to be material and relevant to the issues involved. Only parties or a
				  commission member may request the issuance of a subpoena.
(2) Request for the issuance of subpoenas for
				  the production of documents or records shall be in writing, shall specify the
				  particular document or record, or part thereof, desired to be produced; and
				  shall state the reasons why the production thereof is believed to be material
				  and relevant to the issues involved. Only parties or a commission member may
				  request the issuance of a subpoena duces tecum.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-58 - Motions

Current through June, 2024
(a) All motions other than those made during
				  a hearing shall be made in writing to the commission, shall state the relief
				  sought, and shall be accompanied by an affidavit or memorandum setting forth
				  the grounds upon which they are based. The presiding officer shall set the time
				  for all motions and opposing memorandum, if any.
(b) The moving party shall serve a copy of
				  all motions on all other parties at least forty-eight hours prior to the
				  hearing on the motion and shall file with the commission the original with
				  proof of service.
(c) A memorandum
				  in opposition or a counter affidavit shall be served on all parties not later
				  than twenty-four hours prior to the hearing. The original and proof of service
				  shall be filed with the commission.
(d) Failure to serve or file a memorandum in
				  opposition to a motion or failure to appear at the hearing shall be deemed a
				  waiver of objection to the granting or denial of the motion.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-60 - Correction of transcript

Current through June, 2024
Motions to correct the transcript shall be made within
					 five days after receipt of the transcript and shall be acted upon by the
					 presiding officer.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-61 - Disqualification

Current through June, 2024
No commission member shall sit in any proceeding in which
					 the member has any pecuniary or business interest involved in the proceeding or
					 who is related within the first degree by blood or marriage to any party to the
					 proceeding. If, after declaring any pecuniary interest or consanguinity to the
					 parties, the parties do not oppose the member from sitting in a proceeding, the
					 record shall note clearly the waiver by the parties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-62 - Ex-parte (single party) communications

Current through June, 2024
(a) No party or
				  person petitioning to be a party to a proceeding before the commission nor
				  their employees, representatives, or agents shall make an unauthorized ex-parte
				  communication either oral or written concerning the contested case to any
				  member of the commission who will be a participant in the decision-making
				  process.
(b) The following classes
				  of ex-parte communications are permitted:
(1)
				  Those which relate solely to matters which a commission member is authorized by
				  the commission to dispose of on ex-parte basis.
(2) Requests for information with respect to
				  the status of a proceeding.
(3)
				  Those which all parties to the proceeding agree or which the commission has
				  formally ruled may be made on an ex-parte basis.
(4) Those with representatives of any news
				  media on matters intended to inform the general public.