reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 3 - PERMIT PLAN PROCESSING › Section 15-36-17 - Permit re-application

Current through June, 2024
(a) To the extent
				  allowed by law, in the event a state or county agency denies a permit
				  application under the permit plan, the applicant may re-apply for the denied
				  permit at the earliest practicable time and submit a true copy of the permit
				  re-application to the coordinator.
(b) The coordinator shall update the permit
				  plan with the permit re-application and conduct any meetings, discussion, and
				  workshops the coordinator deems necessary to coordinate the concurrence,
				  review, and issuance of the permit re-application with all other permits and
				  environmental impact statements.
(c) The time limitations contained in the
				  permit plan described in § 15-36-14 shall begin to run with respect to the
				  permit re-application upon the filing of the re-application with the applicable
				  agency and the coordinator. In the event the approval of other permits is
				  dependent upon the approval of the reapplied permit, the coordinator shall
				  determine a reasonable time extension for the, approval of the dependent
				  permits.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 3 - PERMIT PLAN PROCESSING › Section 15-36-18 - Federal permit coordination

Current through June, 2024
The coordinator shall facilitate and assist an applicant
					 with obtaining all federal permits required in connection with a renewable
					 energy facility. This assistance includes but is not limited to consulting with
					 federal agencies, convening interagency working groups, coordinating federal
					 permitting processes, and providing general oversight and assistance with the
					 federal permitting process to facilitate the timely review of all permit
					 applications.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 4 - FEES › Section 15-36-19 - Fees; cost reimbursement agreement

Current through June, 2024
(a) This subchapter
				  sets forth rules relating to fees for the energy resources coordinator's
				  services in overseeing the permit plan process, including but not limited to,
				  independent consultant studies, regular and expedited application processing,
				  determining compliance, and potential site studies.
(b) The fees shall pay for all costs and
				  expenses incurred by the coordinator, the coordinator's staff and contractors,
				  and the department of business, economic development, and tourism in assisting
				  the applicant, and any other state or county agency in providing input and
				  advice related to the permit review and decision of the agency. These costs and
				  expenses shall include, but shall not be limited to, legal expenses, expenses
				  incurred in processing and evaluating the application, issuing a final order,
				  commissioning an independent study by a contractor, and indirect and direct
				  staff costs.
(1) Relevant state and county
				  agencies, and if necessary, any contractor contracted by the coordinator to
				  assist the applicant, may seek reimbursement for reasonable costs and expenses
				  incurred in connection with providing their input or advice or issuing the
				  required permits by providing to the coordinator in writing a detailed
				  description of the items sought for reimbursement and the method for
				  calculating such reasonable costs and expenses.
(2) Requests for reimbursement shall occur on
				  a periodic basis, as determined by the coordinator, and shall be accompanied by
				  a detailed description of items sought for reimbursement and the method for
				  calculating such reimbursement, including the requests for reimbursement
				  received from any relevant state or county agencies.
(3) The coordinator shall transmit to the
				  relevant state and county agencies, or independent contractor, those reasonable
				  reimbursed costs and expenses that are received from the applicant and owed to
				  the state or county agencies, or independent contractor.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 1 - GENERAL PURPOSE › Section 15-37-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide rules for
					 administration of the state solar water heater variance program authorized by
					 section
					 196-6.5,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 2 - ELIGIBILITY FOR, SELECTION CRITERIA, AND AMENDMENT OF A SWHV › Section 15-37-3 - Eligibility criteria for a SWHV

Current through June, 2024
a) To be eligible
				  for a solar water heater variance, a home shall be:
(1) Built on or after January 1,
				  2010;
(2) A single family dwelling;
				  and
(3) Located within the State of
				  Hawaii.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 2 - ELIGIBILITY FOR, SELECTION CRITERIA, AND AMENDMENT OF A SWHV › Section 15-37-4 - Procedure for a SWHV

Current through June, 2024
(a) Homeowner or representative (requestor)
				  submits a properly completed, valid "Request for Variance from the Mandatory
				  Solar Water Heater Law" form and fee payment to the State via:
(1) Online at the DBEDT Energy Division Solar
				  Water Heater Variance website;
(2)
				  E-mail: DBEDT.SWH-Variance@hawaii.gov;
(3) Fax: 808-586-2536;
(4) U.S. Postal Service: SWH Variance, c/o
				  DBEDT Energy Division, P.O. Box 2359, Honolulu, HI 96804-2359; or
(5) Hand delivery.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 2 - ELIGIBILITY FOR, SELECTION CRITERIA, AND AMENDMENT OF A SWHV › Section 15-37-5 - Criteria for state review of a SWHV request

Current through June, 2024
(a) Upon receiving
				  a "Request for Variance from the Mandatory Solar Water Heater Law" form and fee
				  payment, the request is reviewed to ensure that the:
(1) Request is on a valid form;
(2) Fee is paid; and
(3) Request is correctly completed,
				  including:
(A) Printed on architect's or
				  mechanical engineer's letterhead with name, address, e-mail address, and phone
				  number. In lieu of a letterhead, the architect's or mechanical engineer's name,
				  address, email address, and phone number shall be written on the form or
				  inputted into the online form.
(B)
				  Return e-mail address to which the "Request for Variance from the Mandatory
				  Solar Water Heater Law" form should be returned.
(C) The property's address (at least the
				  street name), town, and island.
(D)
				  The property's Tax Map Key (TMK) number.
(E) One of the options is checked:
(i) If Option 1 (installation impracticable
				  or cost-prohibitive) is checked, a Life Cycle Cost Comparison, also available
				  from the SWHV website or the program office, is included and properly
				  completed, including architect's or mechanical engineer's stamp and
				  signature;
(ii) If Option 2
				  (renewable energy technology) is checked, the renewable system to be installed
				  is circled or otherwise marked; or
(iii) If Option 3 (gas tankless on-demand
				  water heater) is checked, at least one additional gas appliance is listed on
				  the line under the Option 3 paragraph.
(F) Request is signed and stamped by the
				  architect or mechanical engineer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 2 - ELIGIBILITY FOR, SELECTION CRITERIA, AND AMENDMENT OF A SWHV › Section 15-37-6 - Procedure for amendment of a SWHV

Current through June, 2024
(a) A homeowner may
				  request amendment of an approved SWHV by submitting a written notification to
				  the department and a revised SWHV request.
(b) Requests for an amendment will be
				  considered if the amendment relates to a change in the homeowner's choice of
				  water heating device.
(c) If the
				  amendment is to change to a solar water heater, no fee will be required. All
				  other amendments require payment of the current SWHV processing fee.
(d) The request for amendment shall be
				  reviewed by the department and forwarded to the director or director's
				  designee.
(e) If approved by the
				  director or director's designee, the amendment shall take effect on the date of
				  approval.
(f) A homeowner whose
				  application for amendment is denied by the director or director's designee
				  shall be notified and provided with the reasons for denial.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 3 - ADMINISTRATION › Section 15-37-7 - Administration

Current through June, 2024
(a) The department is authorized to implement
				  and enforce this chapter.
(b) The
				  department shall monitor the program to ensure adherence to this chapter, the
				  effectiveness of this chapter, and that the purpose of the program is still
				  relevant to the intent of section
				  196-6.5,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 3 - ADMINISTRATION › Section 15-37-8 - Fee increases

Current through June, 2024
From time to time, it may be necessary to increase the
					 SWHV processing fee required by section 15-37-3(g). A fee increase shall be
					 instituted when approved by the director and posted on the department's website
					 for thirty calendar days.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 37 - SOLAR WATER HEATER VARIANCE › Subchapter 3 - ADMINISTRATION › Section 15-37-10 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of this
					 chapter, or its application to any person, transaction, or other circumstance,
					 is for any reason held to be unconstitutional or invalid, the remaining parts,
					 sections, sentences, clauses, and phrases of this chapter, or its application
					 to other persons, transactions, or circumstances shall not be affected."
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-38-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide rules governing
					 implementation of the Hawaii research and development program authorized by
					 chapter
					 206M, HRS
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-38-2 - Definitions

Current through June, 2024
Definitions As used in this chapter, unless a different
					 meaning clearly appears in context:
"Board" means the board of directors of the development
					 corporation.
"Development corporation" means the Hawaii technology
					 development corporation established by chapter
					 206M, HRS.
"Grant" means financial assistance provided to small
					 businesses for optimizing research and development activities performed in the
					 State of Hawaii under the terms and conditions provided in this chapter.
"HRS" means the Hawaii Revised Statutes.
"Recipient" means any business receiving a grant under this
					 chapter.
"Resident" shall have the same meaning as in section
					 235-1, HRS.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-38-3 - Purpose of program

Current through June, 2024
The purpose of the Hawaii research and development program
					 is to build on the successes of Hawaii's science and technology industries and
					 turn research and development into commercially viable products and services to
					 expand and diversify Hawaii's economy
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-38-4 - Grants; purpose; use of

Current through June, 2024
(a) The development
				  corporation may provide grants in accordance with section 206M- , HRS
(b) Grants may be used by any recipient for
				  product development that enables a qualified Hawaii-based small business to
				  achieve significant product development and technical milestones.
(c) Grants shall not be used by any recipient
				  for any of the following purposes:
(1)
				  Entertainment or lobbying activities; or
(2) Payment for goods or services for which
				  moneys were granted under the Hawaii small business innovation research and
				  small business technology transfer program pursuant to section
				  206M-15,
				  HRS, the alternative energy research and development program pursuant to Act
				  67, Session Laws of Hawaii 2018, or the manufacturing development program
				  pursuant to section
				  206M-15.1,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-38-5 - Eligibility requirements

Current through June, 2024
(a) Any business
				  applying for a grant shall meet all of the following qualifications:
(1) Headquartered in the State;
(2) Doing business in the State for not less
				  than five years;
(3) Employing
				  fifteen or more residents with income subject to taxation pursuant to chapter
				  235, HRS;
(4) Can demonstrate
				  financial viability of the business;
(5) Is either incorporated under the laws of
				  the State, or registered to do business in the State;
(6) Has bylaws or policies that describe the
				  manner in which the activities or services for which the grant is awarded shall
				  be conducted or provided;
(7) Is
				  licensed or accredited, in accordance with federal, state, or county statutes,
				  rules, or ordinances, to conduct the activities or provide the services for
				  which the grant is awarded;
(8)
				  Complies with all applicable federal and state laws prohibiting discrimination
				  against any person on the basis of race, color, national origin, religion,
				  creed, sex, age, sexual orientation, or disability; and
(9) Allows the development corporation,
				  legislative committees and their staff, and the auditor full access to its
				  records, reports, files, and other related documents and information for
				  purposes of monitoring, measuring the effectiveness, and ensuring the proper
				  expenditures of the grant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-38-6 - Application procedure

Current through June, 2024
Any business applying for a grant shall provide as part of
					 the application copies of the small business Internal Revenue Service Form 6765
					 Credit for Increasing Research Activities as filed for the past three tax years
					 as proof of the federal research and development tax credits
					 received
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-38-7 - Consideration and review of applications

Current through June, 2024
(a) The development
				  corporation shall cause the review of the application and resolution of any
				  questions relating to the application through contact with the grant
				  applicant
(b) Following such review
				  and resolution, the board shall consider and make a decision on qualified
				  applications.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-38-8 - Preferences and priorities in making grants

Current through June, 2024
(a) In determining
				  the distribution of funds, the development corporation shall be guided by the
				  nature and economic significance of the activity of each grant application, the
				  importance of the grant to the activity's success, and the potential economic
				  advantage or job creation prospects offered to the State.
(b) Preference shall be given to businesses
				  receiving their first research and development program award.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-38-9 - Maximum grant amount; disbursement

Current through June, 2024
(a) Maximum grant
				  amounts shall not exceed $300,000 or the average of the federal tax credit
				  received for the prior three tax years, whichever is less
(b) For awards greater than $150,000, the
				  grant amount shall be disbursed as payments based on milestones approved by the
				  chief executive officer of the development corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-38-10 - Inspection of premises and records

Current through June, 2024
The development corporation shall have the right to inspect
					 at reasonable hours, the plant, physical facilities, equipment, premises,
					 books, and records of any grant applicant either in the processing of the grant
					 application or in the administration of the grant to the
					 recipient
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-38-11 - Completion of surveys

Current through June, 2024
(a) Recipients
				  shall complete surveys from the development corporation designed to measure the
				  economic and employment impact of this program The awardees names will be made
				  public in an annual report provided to the legislature Recipients shall
				  complete the surveys annually for five years following the award.
(b) The development corporation may request
				  recipients to provide information regarding issues encountered with the
				  research and development program and recommendations for its improvement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 38 - HAWAII RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-38-12 - Acknowledgment

Current through June, 2024
Recipients shall acknowledge the development corporation in
					 a proper and appropriate manner as a funder in all promotional publications,
					 press releases, and other informational materials relating to the recipient's
					 award for a period of two years following the award. Recipients shall provide
					 such materials to the development corporation prior to their release to the
					 public."
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-1 - Purpose

Current through June, 2024
This chapter governs procedures of the convention center
					 authority under chapter
					 206X, HRS, and shall be construed to
					 effectuate the purposes of that 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 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-3 - Office of the authority; office hours

Current through June, 2024
(a) The office of
				  the authority is in Honolulu, Hawaii. All communications to the authority shall
				  be addressed to the authority's office, unless otherwise directed by the
				  authority.
(b) The office of the
				  authority shall be open from 7:45 a.m. to 4:30 p.m. of each weekday, 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 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-5 - Quorum and number of votes necessary for a decision

Current through June, 2024
The power of the authority shall be vested in the members
					 of the authority in office from time to time. A quorum to do business shall
					 consist of a majority of all the members to which the authority is entitled,
					 and the affirmative vote of at least that number of members shall be necessary
					 to make any action of the authority valid.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-6 - Minutes

Current through June, 2024
(a) The authority shall keep written minutes
				  of all its meetings, setting forth an accurate record of votes and actions
				  taken. Unless otherwise required by law, neither a full transcript nor a
				  recording of the meeting shall be required, but the written minutes shall give
				  a true reflection of the matters discussed at the meeting and the views of the
				  participants. All or any part of a meeting of the authority may be recorded by
				  any person in attendance by means of a tape recorder or any other means of
				  sonic reproduction, except when a meeting is closed pursuant to section 92- 4,
				  HRS, provided that the recording does not actively interfere with the conduct
				  of the meeting. The minutes shall include, but need not be limited to, the
				  information specified in section
				  92-9(a),
				  HRS.
(b) The minutes shall be
				  public records and shall be available within thirty days after the meeting,
				  except where such disclosure would be inconsistent with section
				  92-5, HRS, provided
				  that minutes of executive meetings may be withheld for so long as their
				  publication would defeat the lawful purpose of the executive meeting, but no
				  longer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-7 - Authentication of authority actions

Current through June, 2024
All actions, decisions, and orders of the authority
					 requiring authentication shall be in writing and signed by the chairperson or,
					 in the chairperson's absence by the executive director.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-8 - Submittals and requests

Current through June, 2024
All submittals and requests requiring authority action
					 which may be taken at an authority meeting shall be made in writing and filed
					 with the office of the authority ten calendar days before the scheduled meeting
					 or by order of the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-9 - Conduct of meeting

Current through June, 2024
The authority shall afford all interested persons an
					 opportunity to submit data, views, or arguments, in writing, on any agenda item
					 at any meeting of the authority, except executive meetings. The authority shall
					 afford all interested persons an opportunity to present oral testimony on any
					 agenda item at any meeting of the authority, except executive meetings. The
					 authority may reasonably administer oral testimony so as to limit testimony of
					 excessive duration or limit or prohibit any redundant, immaterial, impertinent,
					 or scandalous matter. The authority may remove any person who willfully
					 disrupts a meeting to prevent or compromise the conduct of the
					 meeting.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-10 - Delegation of administrative duties; executive director

Current through June, 2024
(a)
				  An executive director shall be appointed by the authority and shall serve at
				  the pleasure of the authority. The executive director 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.
(b) The executive director shall prepare a
				  hearing calendar and the agenda for all meetings, under the direction of the
				  chairperson.
(c) The executive
				  director shall prepare for the authority the draft of an annual report of the
				  authority's activities, accomplishments, and recommendations for submission to
				  the governor and, if required, to the legislature through the
				  governor.
(d) The executive
				  director in conjunction with and as directed by the authority shall assist in
				  the evaluation of proposals for the development of the convention
				  center.
(e) The executive director,
				  with the approval of the authority, may employ planning, financial, economic,
				  legal, architectural and other consultants as the authority may determine in
				  its sole discretion is necessary or desirable to help carry out the statutory
				  purposes of the authority.
(f) The
				  executive director, with the authority's approval, shall appoint such officers,
				  agents, and employees as are necessary to fulfill the purposes of chapter
				  206X, HRS, and shall prescribe their
				  duties and qualifications, and fix their salaries, without regard to chapters
				  76 and
				  77, HRS.
(g) The authority may delegate to the
				  executive director such other power or authority vested in the authority as it
				  deems reasonable and proper for the effective administration of chapter
				  206X, HRS, except the power to
				  adopt, amend, or repeal rules and any power or authority reserved to the
				  authority by statute, rule, or other applicable law.
(h) The authority may appoint a hearings
				  officer to conduct a proceeding as provided in this chapter and pursuant to the
				  requirements of chapters
				  91 and
				  92, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-11 - Public access to records

Current through June, 2024
All government records of the authority are open to public
					 inspection during regular office hours unless public inspection of those
					 records is contrary to state or federal law, or any court
					 order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 15-106-12 - Grammatical usage

Current through June, 2024
(a) Words used in the present tense include
				  the future tense.
(b) The singular
				  number includes the plural; and the plural, the singular.
(c) The word "shall" is always
				  mandatory.
(d) The word "may" is
				  always permissive.
(e) Terms not
				  defined in this chapter shall have the meanings customarily assigned to
				  them.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-106-21 - General rule

Current through June, 2024
All persons shall comply with this subchapter when
					 appearing in a proceeding before the authority. Procedures to be followed by
					 the authority, unless specifically prescribed in this chapter or by chapters
					 91 and
					 92, HRS, shall be such as in the
					 opinion of the authority will best serve the purposes of the proceeding. The
					 authority may waive or suspend the provisions of this chapter to the extent
					 permitted by law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-106-22 - Appearances before the authority

Current through June, 2024
(a) Any person
				  appearing before the authority may appear pro se or may 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 authority, the personal appearance or signature of that
				  individual shall constitute a representation to the authority that under the
				  provisions of this chapter and applicable law, the individual is authorized and
				  qualified to represent a particular person or persons. The authority may at any
				  time require any person transacting business with the authority 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 106 - CONVENTION CENTER AUTHORITY › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-106-23 - Disqualification of authority members

Current through June, 2024
Any person, up to five calendar days before the
					 proceeding, may file an affidavit that one or more of the members of the
					 authority has a personal bias or prejudice with respect to the proceeding. The
					 affidavit shall state the facts and reasons for the belief that personal bias
					 or prejudice exists. A member against whom the affidavit is filed may answer
					 the affidavit, in which case the remaining members shall decide whether that
					 member should be disqualified from the proceeding. If a member chooses to be
					 disqualified, the member shall file with the chairperson a certificate
					 requesting disqualification stating that the member has a conflict of interest
					 with respect to the outcome of the proceeding or is unable to decide with
					 impartiality.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-106-24 - 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 authority pursuant to any proceeding shall
				  be filed with the office of the authority within the time limits prescribed by
				  law, rule, or notice or order of the authority. 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 authority shall be:
(1) Written in black
				  ink, typewritten, or printed;
(2)
				  Plainly and permanently legible; and
(3) On strong, durable paper no 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 106 - CONVENTION CENTER AUTHORITY › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-106-25 - Amendment of papers and dismissal

Current through June, 2024
If any paper filed with the authority is not in
					 substantial conformity with the applicable rules and requirements of the
					 authority, the authority may, on its own motion or on motion of any person,
					 strike the paper or require its amendment. If amended, the paper shall be
					 effective as of the date of receipt of the amended paper.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-106-26 - Retention of papers

Current through June, 2024
All papers filed with the authority shall be retained by
					 the authority in its files for a reasonable time or as required by applicable
					 law. The authority may permit the withdrawal of original papers upon submission
					 of properly authenticated copies to replace the original
					 papers.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-106-27 - Continuances or extensions of time

Current through June, 2024
Whenever a person is required to take action within the
					 period prescribed or allowed by this chapter, by notice given under this
					 chapter, or by an order, the authority 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 the specified period where the failure to act is
				  excusable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-106-39 - Initiation of rule making procedure

Current through June, 2024
(a) The adoption,
				  amendment, or repeal of any rule of the authority may be made by the authority
				  on its own motion, or by petition of any interested person.
(b) Petitions for rule making shall be
				  governed and in the form prescribed by sections 15-106-24 and 15-106-25, and
				  shall contain:
(1) The name, address, and
				  business telephone number of each petitioner;
(2) The signature of each
				  petitioner;
(3) A draft or the
				  substance of the proposed rule or amendment or a designation of the provisions
				  the repeal of which is desired;
(4)
				  A statement of the petitioner's interest in the subject matter; and
(5) A statement of the reasons in support of
				  the proposed rule, amendment, or repeal.
(6) The authority, within thirty calendar
				  days following the filing of a petition for rule making, shall either deny the
				  petition or initiate rule making proceedings.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-106-40 - Denial of petition

Current through June, 2024
Any petition for rule making that fails in any material
					 respect to comply with the requirements of this chapter or that fails to
					 disclose sufficient reasons to justify the institution of rule making
					 proceedings shall not be considered by the authority. The authority shall
					 notify the petitioner in writing of its denial of the petition, stating the
					 reasons for the denial. Denial of a petition shall not operate to prevent the
					 authority from acting, on its own motion, upon any matter disclosed in the
					 petition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-106-41 - Acceptance of petition

Current through June, 2024
If the authority determines that the petition is in order
					 and that it discloses sufficient reasons in support of the proposed rule making
					 to justify the institution of rule making proceedings, the procedures to be
					 followed shall be as set forth in this chapter and applicable
					 law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-106-42 - Notice of public hearing

Current through June, 2024
(a) Whenever,
				  pursuant to a petition or upon its own motion, the authority proposes to adopt,
				  amend or repeal a rule, a notice of proposed rule making shall be published at
				  least once in a newspaper of general circulation in the State. The notice shall
				  also be mailed to all persons who have made timely written request of the
				  authority for advance notice of its rule making proceedings. The notice shall
				  be published and received at least thirty days prior to the date set for public
				  hearing on the proposed rule making.
(b) The notice of proposed rule making shall
				  include the information and statements required by section
				  91-3(a)
				  (1), HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-106-44 - Authority action

Current through June, 2024
The authority shall fully consider the record of the
					 public hearing before taking final action in a rule making proceeding. The
					 authority may take final action at the final public hearing or announce then
					 the date as to when it intends to take final action. Upon adoption, amendment,
					 or repeal of a rule, the authority shall, if requested to do so by an
					 interested person, issue a concise statement of the principal reasons for and
					 against its determination.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 3 - RULE MAKING PROCEDURE › Section 15-106-45 - Emergency rule making

Current through June, 2024
The authority may adopt emergency rules pursuant to
					 section
					 91-3(b),
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 4 - DECLARATORY RULINGS › Section 15-106-56 - Petition

Current through June, 2024
Any interested person may petition the authority for a
					 declaratory order as to the applicability of any statutory provision or of any
					 rule or order of the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 4 - DECLARATORY RULINGS › Section 15-106-57 - Submission of petition

Current through June, 2024
(a) The petition
				  for a declaratory order shall be submitted to the office of the
				  authority.
(b) The petition shall
				  be governed and in the form prescribed by sections 15-106-24 and 15-106-25, and
				  shall set forth the following:
(1)
				  Designation of the specific statute, rule, or order in question;
(2) A complete statement of relevant and
				  material facts;
(3) A statement of
				  the nature of the petitioner's interest, including the reasons for submitting
				  the petition;
(4) A statement of
				  the position or contention of the petitioner; and
(5) A full discussion of the reasons,
				  including any legal authorities, in support of the petitioner's position or
				  contention.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 4 - DECLARATORY RULINGS › Section 15-106-59 - Refusal to issue declaratory ruling

Current through June, 2024
(a) The authority
				  may refuse to issue a declaratory ruling for good cause.
(b) Without limiting the generality of good
				  cause, the authority may so refuse where:
(1)
				  The question is speculative or purely hypothetical;
(2) The petitioner's interest is not a type
				  which would give the petitioner standing to maintain an action if the
				  petitioner were to seek judicial relief; or
(3) The issuance of the declaratory ruling
				  may adversely affect the interests of the State, the authority, or any of their
				  members, officers, or employees, in litigation which is pending or may
				  reasonably be expected to arise.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 4 - DECLARATORY RULINGS › Section 15-106-60 - Referral to other public agencies

Current through June, 2024
Where a question of law is involved, the authority may
					 refer the matter to the attorney general. The authority may also obtain
					 assistance from other public agencies, when necessary or
					 desirable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 4 - DECLARATORY RULINGS › Section 15-106-61 - Notification of petitioner

Current through June, 2024
The petitioner shall be informed by the authority by
					 certified mail of and upon the final disposition of the
					 petition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 4 - DECLARATORY RULINGS › Section 15-106-62 - Status of orders

Current through June, 2024
An order disposing of a petition for a declaratory order
					 shall have the same status as other authority orders. Orders shall be
					 applicable only to the fact situation alleged in the petition or set forth in
					 the order. They shall not be applicable to different fact situations or where
					 additional facts not considered in the order exist.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 106 - CONVENTION CENTER AUTHORITY › Subchapter 4 - DECLARATORY RULINGS › Section 15-106-63 - Time limit

Current through June, 2024
Upon receipt of a complete and proper petition for a
					 declaratory order, the authority shall render a final decision on the petition
					 in a reasonably prompt manner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 107 - CONVENTION CENTER AUTHORITY › Section 15-107-1 - Purpose

Current through June, 2024
This chapter governs the review, selection, and approval by
				  the authority of the convention center development plan of a developer for the
				  convention center district under chapter
				  206X, HRS and shall be construed to
				  effectuate the purposes of that chapter and to ensure the just, proper, and
				  efficient selection of a convention center development plan which best serves
				  the purposes, policies, and provisions of that chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 107 - CONVENTION CENTER AUTHORITY › Section 15-107-3 - Authority to select plan

Current through June, 2024
The authority by itself, or in combination with qualified
				  persons or public agencies, by any form of request for proposals, as determined
				  by the authority, any law to the contrary notwithstanding, shall solicit,
				  accept, review, reject, modify, or approve proposals, and thereafter enter into
				  agreements, for a convention center development plan, and for the initiation,
				  undertaking, supervision and regulation of the design, development, and
				  financing of a convention center facility and any related developments, and to
				  take such actions necessary and proper to effectuate the purposes of chapter
				  206X, HRS. In its review of any proposed convention center development plan,
				  the authority shall apply the criteria set forth herein, the criteria of the
				  convention center district rules and any criteria for development within the
				  convention center district established by the legislature and such additional
				  criteria that the authority deems reasonable and appropriate.