reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-3 - Commission meetings

Current through June, 2024
The commission shall meet at least once a month. The
				  commission shall meet at least once a year on the islands of Kauai, Hawaii,
				  Molokai, and Maui, and at various homestead communities on each island as
				  practicable.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-4 - Special meetings

Current through June, 2024
Special meetings may be called by the chairman or at the
				  request of a majority of all members to which the commission is entitled. The
				  chairman shall notify the members of the commission of the time, place, and
				  purpose of the special meeting. Special meetings are not to take the place of
				  regular commission meetings.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-5 - Quorum; votes

Current through June, 2024
A majority of all the members to which the commission is
				  entitled shall constitute a quorum to transact business. Except as otherwise
				  provided by law, the concurrence of a majority of all the members to which the
				  commission is entitled shall be necessary to make any action of the commission
				  valid.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-7 - Agenda

Current through June, 2024
A copy of the regular agenda, less any confidential
				  information concerning applicants or lessees, shall be posted at every office
				  of the department throughout the State and shall be filed with the lieutenant
				  governor's office at least six calendar days before every meeting of the
				  commission.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-8 - Order of business

Current through June, 2024
The agenda shall state the order of business to be conducted
				  by the commission at its meeting. Persons wishing items of business to be
				  placed on the agenda shall contact the chairman not later than two weeks before
				  the scheduled meeting.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-9 - Suspension of discussion agenda items

Current through June, 2024
The commission, for good cause by majority vote, may suspend
				  discussion of any item on the agenda. At its discretion the commission shall
				  continue discussion after all other agenda items have been completed or shall
				  continue the discussion at no later than the next regular scheduled
				  meeting.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-10 - Attendance at meetings

Current through June, 2024
Unless excused, meetings shall be attended by all
				  commissioners, by the chairman, and by such members of the staff as are
				  instructed to attend by the chairman.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-11 - Requests for appearance at commission meeting

Current through June, 2024
(a) Any
				person shall be afforded an opportunity to present written or oral testimony to
				the commission at its regular monthly meeting.
(b) In order to ensure an orderly and
				efficient meeting, any person who wants to appear before the commission to
				present testimony is requested to notify the chairman at least two weeks before
				the commission meeting and, if possible, submit a written copy of the testimony
				to the commission secretary before the meeting. The chairman shall reply in
				writing at least one week before the meeting.
(c) The chairman shall have the authority to
				limit or terminate any testimony which the chairman determines to be
				repetitious or made solely for purposes of delay. The chairman shall also have
				the authority to impose reasonable conditions to ensure an orderly and
				efficient meeting, which shall include but not be limited to the removal, from
				a meeting, of any person or persons whom the chairman determines to be
				disruptive. This subsection shall not limit the authority granted in sections
				10-2-16 through
				10-2-20 to the
				commission or the chairman.
(d) A
				person may be represented by or with counsel or other duly qualified
				representative before the commission. The commission may at any time require
				any person appearing before the commission in a representative capacity to show
				the person's authority and qualification to act in such capacity.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-12 - Time allowed at commission meetings

Current through June, 2024
Persons who have requested to appear before the commission at
				  its meeting as provided in section
				  10-2-11 will have fifteen minutes
				  to present such information, data, material and testimony relevant to and as
				  set forth in the request. The chairman may provide additional time if so
				  desired by the requesting person and if time permits. When time permits, the
				  chairman may allow any other person to speak before the commission whether or
				  not such person has requested to appear as provided in section
				  10-2-11.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-13 - Minutes

Current through June, 2024
A running account of all proceedings of each meeting of the
				  commission shall be kept in as complete detail as is reasonably possible.
				  Minutes comprising a summary account of the proceedings and containing as much
				  detail as is necessary to indicate the course of the proceedings and the
				  actions taken by the commission shall be transcribed under the direction of the
				  chairman. The minutes shall be submitted by the chairman for approval at the
				  next regular meeting. Upon approval, the chairman shall sign and enter the date
				  of approval upon the minutes. The chairman shall also note thereon any changes
				  ordered before approval and shall communicate them to the district office
				  managers. All approved minutes shall be available for inspection by any
				  interested person. Except as otherwise provided by law, copies of the approved
				  minutes shall be kept on file at the main office of the department and also
				  distributed to each commissioner and district office.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-16 - Delegation of duties to chairman

Current through June, 2024
(a) It is the
				desire of the commission that functions and duties, administrative in nature,
				be delegated to the chairman and duties requiring the exercise of judgment or
				discretion continue to reside with the commission.
(b) The commission shall be deemed to have
				delegated to the chairman duties, powers, and authority as may be lawful or
				proper for the performance of functions vested in the commission, including the
				following:
(1) To appoint special committees
				and prescribe their powers and duties;
(2) To preside over all meetings of the
				commission;
(3) To approve and sign
				all vouchers, and to approve the assignment of funds to be received;
(4) To approve leaves of absence;
(5) To approve plans for construction of
				homes and improvements;
(6) To
				screen matters referred to the chairman by staff and to select those of
				sufficient importance to place on the agenda for consideration by the
				commission;
(7) To sign commission
				resolutions, licenses, leases, and contracts approved by the
				commission;
(8) To schedule
				contested case hearings; and
(9) To
				approve the designation of successors.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-18 - Responsibility of commissioners

Current through June, 2024
(a) It is the
				responsibility of each commissioner to:
(1)
				Attend all meetings of the commission unless excused;
(2) Undertake all duties assigned by the
				commission;
(3) Keep generally
				informed of all matters pertinent to the determination of policy by the
				commission and effectuation thereof;
(4) Be available to lessees in the
				representative area at reasonable times;
(5) Be present at hearings affecting the
				rights of a lessee from the representative area; and
(6) Have a working knowledge of the
				act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-19 - Duties of commissioners as trustees

Current through June, 2024
As trustees, it shall be the duty of commissioners to:
(1) Act exclusively in the interest of
				beneficiaries under the act;
(2)
				Hold and protect the trust property for beneficiaries under the act;
(3) Exercise such care and skill as a person
				of ordinary prudence would exercise in dealing with one's own property in the
				management of Hawaiian home lands; and
(4) Adhere to the terms of the trust as set
				forth in the act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-21 - Submittals

Current through June, 2024
All applications, certificates, or other papers or documents
				  required to be filed with the commission shall be filed in the office of the
				  commission within such time limits as prescribed by law, rules, or by order of
				  the commission.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 2 - THE DEPARTMENT › Section 10-2-31 - Office

Current through June, 2024
The main office of the department is at Kapolei, Hawaii. All
				  communications to the department shall be addressed as provided in section
				  10-1-2(a)(1).
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 2 - THE DEPARTMENT › Section 10-2-32 - Hours

Current through June, 2024
The office of the department shall be open from 7:45 a.m. to
				  4:30 p.m., Monday through Friday, unless otherwise provided by the statute or
				  executive order.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 2 - THE DEPARTMENT › Section 10-2-33 - Personnel

Current through June, 2024
(a) All personnel on the department's staff
				are under the direction of and are responsible to the chairman. The chairman,
				subject to law and civil service rules, shall select and discharge personnel
				for the department's staff. The commission shall be informed of all changes in
				staff personnel.
(b) All personnel
				shall strive for quality customer service that is beneficiary oriented, and in
				that pursuit may conduct operations pursuant to section
				5-7.5,
				HRS.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 2 - THE DEPARTMENT › Section 10-2-34 - Absence, disability of chairman

Current through June, 2024
Whenever the chairman is absent or disabled from performing
				  the duties of office, the deputy to the chairman shall assume the duties of the
				  chairman, unless the chairman designates otherwise.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 3 - THE MANAGEMENT › Section 10-2-42 - Chairman to sign for department

Current through June, 2024
The chairman shall approve and sign all vouchers and
				  assignment of funds to be received under pineapple or grazing contracts. After
				  approval of the commission, chairman shall sign all licenses, leases, loan
				  contracts, assignments of pineapple and grazing contracts, contracts with other
				  governmental agencies and commission resolutions.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 3 - THE MANAGEMENT › Section 10-2-44 - Administrative manual

Current through June, 2024
The chairman shall prepare and distribute to each
				  commissioner and district office an administrative manual describing department
				  operating procedures. The procedures shall be open to the public and shall not
				  be in conflict with title 10 or the act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-1 - Application forms

Current through June, 2024
Applications for residential, agricultural, or pastoral lot
				  leases shall be made on forms provided by the department and shall be made
				  under oath. Deliberate falsification of a material fact on an application form
				  shall be grounds for removal of the applicant's name from the waiting list, or
				  cancellation of any lease awarded the applicant, and may subject the applicant
				  to prosecution for perjury.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-2 - Qualifications of applicants

Current through June, 2024
Applicants for residential, agricultural, or pastoral lot
				  leases shall provide the department with documented proof that the applicant
				  is:
(1) At least eighteen years of
				age; and
(2) A native
				Hawaiian.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-2.1 - Documentation

Current through June, 2024
(a) Applicants shall provide the department
				with birth certificates or certifications issued by the department of health,
				or responsible government agency if the record is an out-of-state or foreign
				birth record. Out-of-state and foreign birth records shall be accompanied by a
				notarized affidavit from at least one named parent attesting to knowledge of
				the facts contained in the birth record and the veracity and accuracy of the
				contents of the record, as required by the department.
(b) If qualifications cannot be determined by
				birth records, the department may consider the following secondary documents:
(1) Certified marriage
				certificates;
(2) Certified death
				certificates;
(3) Family history
				charts and documents such as marriage, divorce, and death records from the
				State of Hawaii Archives, state courts, public libraries or United States
				Census records;
(4) Official
				baptismal records or other church documents identifying the race of applicant
				or applicant's ancestors;
(5)
				Official records from the files of military services, schools, or
				hospitals;
(6) Employment
				records;
(7) Written statement from
				a physician knowledgeable of the facts or, in the case of a relative's death, a
				written statement from the mortuary which handled the burial;
(8) Newspaper clippings from Obituaries and
				Vital Statistics sections; and
(9)
				Other documents as may be requested by the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-2.2 - Genetic tests

Current through June, 2024
(a) "Genetic test" or "'ohana test" means the
				testing of inherited or genetic characteristics (genetic markers) for the
				purpose of establishing biological parentage.
(b) If after submittal and processing of
				documentation described in section
				10-3-2.1, there remains
				uncertainty regarding the applicant's biological parentage because, for
				example, the appropriate space on the applicant's birth certificate is blank or
				the listed parent is not the biological parent, the applicant may choose to
				obtain genetic testing to establish maternity or paternity. The following types
				of relationship testing shall be accepted:
(1)
				Parent-child testing. The testing utilized must have a power of exclusion
				greater than ninety-nine per cent and a minimum combined paternity or maternity
				index of five hundred to one.
(2)
				Maternal or paternal lineage evaluation.
(i)
				Maternal lineage evaluation. If the alleged biological mother is deceased or
				unavailable, testing of the alleged mother's living sibling may be accepted as
				long as they share the same biological mother. Testing utilized must
				demonstrate shared mitochondria; or
(ii) Paternal lineage evaluation. If the
				alleged biological father is deceased or unavailable and the applicant is
				genetically male, testing of the alleged father's living brother may be
				accepted as long as they share the same biological father. Testing utilized
				must demonstrate shared Y chromosome.
(3) Avuncular testing. If the alleged
				biological parent is deceased or unavailable and maternal or paternal lineage
				evaluation is not applicable, testing of the alleged parent's living full
				sibling may be accepted. The testing utilized must have likelihood ratio of no
				less than 50.0.
If the alleged biological parent is deceased, the applicant
				  shall submit the death certificate. If the alleged biological parent is
				  unavailable, the applicant shall submit an affidavit establishing the reason
				  for the alleged biological parent's unavailability, such as the person being
				  incarcerated, homeless, or having no known location or contact information. To
				  add to the accuracy of the analysis, where the applicant has a known, living
				  biological parent, that person shall also participate in the testing. The
				  department shall accept only notarized and certified genetic test results with
				  proper chain of custody directly from a relationship testing facility
				  nationally accredited by the American Association of Blood Banks (AABB). All
				  costs of testing and any related expenses shall be borne by the
				  applicant.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-3.1 - Application processing

Current through June, 2024
(a) Applications
				are processed in multiple stages, each with a different purpose and effect, as
				follows:
(1) Receipt. Applications shall be
				date and time stamped upon receipt by the department. This first date and time
				stamp shall be used only to certify receipt by the department. An applicant may
				submit an application by any method acceptable as provided by the instructions
				on the application form.
(2)
				Completion. An application is complete when the application form has been
				filled in, signed by the applicant and notarized as required, and, following
				initial review by the department, it appears as though sufficient documentation
				has been provided to substantiate that the applicant meets or does not meet the
				Hawaiian home lands program qualifications. A complete application shall be
				date and time stamped a second time. This second date and time stamp shall be
				used to determine order on the waiting list should the application ultimately
				be accepted. An incomplete application shall be returned to the applicant with
				instructions necessary to complete the application properly.
(3) Acceptance. Upon completion, the
				department shall review and investigate an application to verify documentation
				and determine whether the applicant is qualified. The determination shall be
				based upon the application form and birth certificates, as well as any
				secondary documents, and additional documentation as may be submitted to the
				department for verification and qualification. If the department determines,
				based upon the application form and documentation provided, that the applicant
				is qualified, the application shall be accepted and signed by an authorized
				department representative. An accepted application shall be assigned a
				numerical designation and filed in order of completion, as determined by the
				second date and time stamp. The department shall notify the applicant in
				writing of the acceptance and provide the applicant with a copy of the accepted
				application. If the department determines that there is reasonable uncertainty
				regarding an application, the department shall request additional documentation
				in writing. The department shall, within thirty business days after the
				application is deemed complete, make an acceptance determination or give notice
				to the applicant of an extended determination date of thirty business days and
				the reason or reasons therefor. Failure to render a decision within a thirty
				day period, as may be extended, shall not result in automatic determination or
				acceptance by the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-4 - Residential lot application

Current through June, 2024
(a) The department
				shall establish and maintain an island-wide residential lot waiting list for
				each of the islands of Hawaii, Kauai, Lanai, Maui, Molokai, and Oahu.
(b) A person may submit only one application
				for a residential lot lease.
(c) A
				person may apply for a residential lot lease and an agricultural or pastoral
				lot lease, but not for both agricultural and pastoral lot leases.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-5 - Agricultural or pastoral lot application

Current through June, 2024
(a) Applications
				for an agricultural or pastoral lot lease may be made for any island of the
				State where lands are designated for those purposes. For application purposes,
				the department shall establish and maintain an island-wide agricultural lot
				waiting list for each of the islands of Hawaii, Kauai, Maui, Molokai, and Oahu,
				and an island-wide pastoral lot waiting list for each of the islands of Hawaii,
				Kauai, Maui, and Molokai.
(b) A
				lessee of a residence lot may apply for an agricultural or pastoral lot lease
				only on the island on which the lessee resides.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-6 - Island-wide waiting lists

Current through June, 2024
(a) The department
				shall maintain area waiting lists until the lists are exhausted. Applicants on
				a waiting list for any area will be placed on the respective island-wide
				residential lot, agricultural lot, or pastoral lot waiting list according to
				the date and time stamp described in section
				10-3-3.1(a)(2).
				Applicants on a waiting list for an area will be considered first for award of
				any lots in the area. Applicants on the island-wide waiting list shall be
				considered for award according to the date and time stamp described in section
				10-3-3.1(a)(2).
(b) Applicants wishing to transfer their
				completed application on one island-wide waiting list to another island-wide
				waiting list may do so. Upon the completion of the transfer, the transfer date
				will replace the original date of application. No applications will be accepted
				for any area waiting list.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-7 - Priority and preference for award of leases

Current through June, 2024
(a) Except as
				otherwise provided in section
				10-3-11 relating to Lanai awards,
				applicants shall be considered for award in the order in which their completed
				applications were received by the department; provided that awards shall first
				be made according to ranking in existing priority I, II, and III waiting lists
				in that order until those waiting lists are exhausted. Thereafter, awards shall
				be based on numerical designation by date of completed application on the area
				waiting list, then on the island-wide waiting list, except as otherwise
				provided in this chapter.
(b) In
				making awards, the department shall give preference to an applicant who is not
				a lessee, or whose spouse is not a lessee.
(c) An applicant who is a lessee, or whose
				spouse is a lessee, shall be placed on a deferred status until each applicant
				given preference as provided by subsection (b) has been offered a lot; provided
				that an applicant who is a lessee, or whose spouse is a lessee, shall not be
				placed on a deferred status and may be offered a lot if the applicant or the
				applicant's spouse states in writing that the applicant or the applicant's
				spouse, as the case may be, will transfer an existing lease or surrender an
				existing lease to the department before, and as a condition for, the award of a
				new lease.
(d) An exception to
				subsection (c) may be made if the lessee of a residential lot or the spouse of
				a lessee of a residential lot is awarded a new agricultural or pastoral lot
				which is unimproved and on which a residence cannot be constructed. In this
				case, the transfer or surrender of the residential lease may be postponed until
				such time as the new agricultural or pastoral lot is improved and a residence
				can be constructed on the new lot.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-8 - Transfer of application rights

Current through June, 2024
(a) An applicant
				may designate an individual relative who is at least eighteen years of age and
				a native Hawaiian from among the following to succeed to the applicant's
				application rights upon the death of the applicant:
(1) Husband or wife;
(2) Child;
(3) Grandchild;
(4) Father or mother;
(5) Widow or widower of a child;
(6) Brother or sister;
(7) Widow or widower of a brother or a
				sister; or
(8) Niece or nephew.
To the extent possible, applicants shall designate a
				  successor at the time that the application is filed at the department; provided
				  that the designation shall be filed in writing at the department and the
				  department shall acknowledge the designation in order for the designation to be
				  deemed filed. An applicant may change the designation of successor at any time;
				  provided that the applicant shall file the change of designation in writing at
				  the department and the department shall acknowledge the change of designation
				  in order for the change of designation to be deemed filed. The department shall
				  determine whether a designated successor is qualified to be an applicant for a
				  Hawaiian home lands lease. A designated successor shall be required to provide
				  proof to the department that the individual is at least eighteen years of age,
				  a native Hawaiian, and a relative as identified in this subsection.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-9 - Posting lease awards

Current through June, 2024
The department shall post in district offices in the area
				  where awards are made, the names and application dates of all who receive lease
				  awards within two weeks after awards are made. The notice shall remain posted
				  for a period of two months.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-10 - Requirement for current information; placement on deferred status

Current through June, 2024
(a) An applicant for a homestead lease shall
				notify the department, in writing or electronically, of any change in address
				within thirty calendar days of such change. If the applicant fails to notify
				the department and the department receives mail returned undeliverable as
				addressed with an official change of address label from the United States post
				office, the department shall attempt to reach the applicant at that new
				address. Whenever the department initiates action to award leases, all
				applicants whose addresses are not current and who cannot be contacted by mail
				shall be placed on deferred status.
(b) The department shall contact applicants
				at least once every two years to request updated information. Whenever an
				applicant does not respond to any two successive requests from the department
				for updated information, the department shall place the applicant on a deferred
				status until such time as updated information is received.
(c) A list of all applicants placed on
				deferred status and the reasons therefor shall be submitted to the commission,
				which shall act upon the matter at the meeting next following.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 1 - APPLICATIONS FOR HOMESTEAD LEASES › Section 10-3-11 - Lanai awards

Current through June, 2024
(a) Except as hereinafter provided, in the
				making of Lanai homestead awards, preference shall be given to applicants then
				residing on the island of Lanai.
(b) In the making of the initial (hereafter
				Phase I) homestead award, the department will use the names of all applicants
				on any residential waiting list as of April 30, 2002 with a Lanai mailing
				address to form the first Lanai waiting list arranged as follows:
(1) Priority I Kupuna - applicants shall be
				ranked by the following sub-priority preferences:
(A) Applicants with documented genealogy to
				biological or legal ancestors who resided on the island of Lanai prior to 1900,
				ranked by age, are Lanai Kupuna.
(B) Those kupuna who are children of Lanai
				kupuna and ranked by age; and
(C)
				Those kupuna who fail to meet the above criteria in subparagraphs (A) and (B)
				will be ranked by age.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-21 - Award of leases

Current through June, 2024
(a) Whenever homestead lots are available,
				the department shall award leases to applicants who meet the qualification
				requirements of section
				10-3-2 and are selected in
				accordance with section
				10-3-7.
(b) The department may hold an orientation
				meeting to inform applicants of the lots to be awarded and the lot selection
				procedures, before the lot selection meeting. The department shall notify
				applicants of the date, time, and place of the orientation meeting and of the
				lot selection meeting.
The department shall place applicants who fail to appear at
				  the lot selection meeting or who fail to select a lot on a deferred
				  status.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-22 - Award of leases with outstanding indebtedness

Current through June, 2024
No award of a residential, agricultural, or pastoral lot
				  lease shall be made to an applicant who has not submitted sufficient evidence
				  to the satisfaction of the department that the applicant is financially able to
				  assume any indebtedness outstanding against the premises after the lease is
				  awarded.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-23 - Awards to previous lessees, when

Current through June, 2024
No award of a residence lot lease shall be made to an
				  applicant who at the time of application has previously been a lessee of a
				  Hawaiian home lands residence lot; or who at the time of consideration for
				  award had become a lessee of a Hawaiian home lands residence lot through
				  transfer or successorship; provided, that exceptions to this limitation may be
				  made in the following conditions:
(1)
				Award of a residence lot lease to an applicant who had been a lessee may be
				made if the department determines that the transfer or surrender of the
				previous lease was made under compelling circumstances and that denial of award
				of another residence lot lease would be unreasonably unfair to the
				applicant.
(2) Transfer of a
				residence lot lease through successorship may be made to an otherwise qualified
				designated successor who had been a lessee if at the time of the designation
				the former lessee had already transferred or surrendered the lease and if the
				designation was filed with and approved by the department.
(3) Award of a residence lot lease may be
				made to a present lessee of a residence lot if the department determines an
				emergency situation as follows:
(A) Due to
				circumstances beyond the control of and not caused by the lessee, the lessee's
				health, safety, and welfare are endangered by continued occupancy of the
				premises, or the further rehabilitation of the lessee is highly improbable
				without relocation to another residence lot;
(B) The lessee has agreed to surrender the
				present lease and has waived all rights to the appraisal value of all
				improvements on the presently leased residence lot;
(C) The lessee has agreed and is financially
				able to pay all expenses for the move to the residence lot to be
				leased;
(D) The lessee is
				financially able to assume:
(i) The
				indebtedness outstanding against the residence lot to be leased; or
(ii) The indebtedness that must be incurred
				to enable the lessee to occupy the residence lot within one year after the
				lease is awarded; or
(E)
				The circumstances of the present lessee indicate sufficient need for relocation
				to justify the department's withholding of the residence lot to be leased from
				availability to qualified applicants, if any, for leases in that area and the
				department's awarding of a lease of that residence lot to the relocating
				lessee.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-24 - Agricultural and pastoral leases

Current through June, 2024
(a) When
				agricultural or pastoral lots become available for award, the applicant shall
				be contacted in accordance with section
				10-3-7.
(b) The department shall notify applicants of
				the date, time, and place of lot selection. The department shall defer
				applicants who fail to appear or select.
(c) Except for agricultural awards of not
				more than three acres and UXO lands, the applicant shall submit a plan for the
				development of the lot no later than three months following lot selection. The
				plan shall include but not be limited to:
(1)
				Crops to be grown or livestock to be raised;
(2) Estimated expenses;
(3) Estimated gross income;
(4) Method of financing;
(5) Market plan;
(6) Timetable for operation;
(7) Purpose of farm - subsistence,
				supplemental, commercial, or otherwise; and
(8) Other assistance needed in terms of:
(A) Labor, number of individuals, tasks to be
				performed; and
(B) Technical
				assistance.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-25 - Award of additional acreage

Current through June, 2024
(a) A lessee of an
				agricultural or pastoral lot may make a written request for additional acreage
				of the same class.
(b) A lessee
				shall be contacted for an award in accordance with section
				10-3-24(a).
(c) A lessee shall be eligible for lot
				selection provided the lessee has actively cultivated and used the agricultural
				or pastoral lot and is in compliance with all terms and conditions of existing
				leases.
(d) Following determination
				that a lessee is eligible for lot selection, the lessee shall be notified as
				provided in section
				10-3-24(b).
(e) Following lot selection, the lessee shall
				submit a plan as required in section
				10-3-24(c)
				incorporating into the plan, all existing acreage.
(f) Decision for award shall be based upon
				the provisions of section
				10-3-24(d).
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-26 - Residence on agricultural and on pastoral lots, when

Current through June, 2024
(a)
				Upon award of an agricultural or pastoral lot, the applicant shall reside on
				the island on which the leasehold is located or move to that island within
				three years.
(b) A lessee of an
				agricultural lot of not more than three acres shall within three years:
(1) Reside and cultivate subsistence
				agriculture on the lot. Additional dwelling units shall be subject to
				department approval and infrastructure capacity. Residential and additional
				dwelling units shall be subject to the following:
(A) The residence or any additional dwelling
				units shall be built to county code; or
(B) The residence or any additional dwelling
				units may be exempted from county codes by the department provided that:
(i) The plans for any non-conforming portion
				or portions are submitted to the department for approval;
(ii) Any non-conforming portion or portions
				are certified as meeting industry standards for health and safety by a subject
				matter appropriate State of Hawaii licensed structural engineer or architect;
				and
(iii) The units are in
				compliance with applicable laws and regulations including but not limited to
				environmental compliance, water, clean water, wastewater, and catchment,
				provided further that the department shall not be held liable for any risk,
				loss, damage, or injury of any kind associated with undisclosed, unpermitted,
				or dwelling units exempted from conformance with county codes under this
				section.
(C)
				Non-conforming and unpermitted dwellings and improvements that have not been
				exempted as provided above shall not be appraised for valuation by the
				department and shall not be included in the calculation of net proceeds
				pursuant to section 209 of the Act; or
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-27 - Livestock and crops

Current through June, 2024
(a) Lessees may raise animals intended for
				consumption on their agricultural leasehold to supply immediate family
				needs.
(b) Lessees may raise
				animals on a commercial basis on their agricultural leasehold only after the
				following conditions are met:
(1) Submission
				of a plan for commercial production of animals which shall include, but not be
				limited to, projections for production, methods of production, sanitation
				control measures, and proximity to surrounding residences;
(2) Approval by the commission;
(3) Conformance to all state and county
				zoning and health laws and rules; and
(4) The operation is restricted to confined
				feeding and not for open grazing.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-28 - Lease cancellation

Current through June, 2024
(a) The department
				may cancel a lease issued to a homesteader for the following reasons:
(1) Violation by the lessee of a condition
				enumerated in sections 208 or 209 of the act;
(2) Violation of a condition enumerated in a
				lease document;
(3) Violation of a
				condition enumerated in this title; or
(4) Intentional falsification of material
				information by the lessee on application for loan forms submitted to the
				department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 2 - LEASES TO NATIVE HAWAIIANS › Section 10-3-30 - Kuleana homestead leases

Current through June, 2024
(a) The commission may establish a homestead
				program for settlement on unimproved available Hawaiian home lands to be known
				as the kuleana homestead program.
(b) The commission may set aside a tract or
				tracts of unimproved "available lands" as defined in section 203 of the Act,
				for award under the kuleana homestead program. All lots awarded under this
				program shall be known as kuleana homestead lots.
(c) In determining whether a tract should be
				set aside for award as kuleana homestead lots, the commission shall consider
				the following:
(1) Physical and environmental
				characteristics of the land;
(2)
				Excessive cost to develop the tract for any reason including: the physical
				characteristics of the land, the distance of the land from existing electrical,
				water, waste water disposal, communications, and other utility
				systems;
(3) Department land
				management plans and programs;
(4)
				Applicant interest or proposals identifying tracts of land; and
(5) Suitability for use by lessees who wish
				immediate access to the land for subsistence uses and who are willing to live
				on the land and accept an unimproved lot.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3 - CONDITIONS IN LEASES › Section 10-3-31 - Additional conditions, generally

Current through June, 2024
In addition to the conditions in leases set forth in section
				  208 of the act, and in the lease document, all lessees shall be subject to the
				  restrictions set forth in this subchapter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3 - CONDITIONS IN LEASES › Section 10-3-33 - Commercial activities

Current through June, 2024
Except as may be otherwise provided, no homestead leasehold
				  or portion thereof shall be used for commercial activities of such a nature as
				  to constitute a nuisance or threat to health, safety, and
				  environment.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3 - CONDITIONS IN LEASES › Section 10-3-34 - Building requirements

Current through June, 2024
No building structure or improvement may be constructed on
				  the premises without written approval from the department. Such an approval
				  shall be considered only after submission of a plan as to design, materials,
				  and probable value and use of the structure to be built on the leasehold.
				  Building structures or improvements shall meet building and zoning codes and
				  other ordinances and regulations of the respective counties except as otherwise
				  provided by the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3 - CONDITIONS IN LEASES › Section 10-3-35 - Contracts covering lease lands

Current through June, 2024
No lessee may, without written approval from the commission,
				  enter into any contract, joint venture, agreement or other arrangement of any
				  sort with a third person on lands covered by lessee's lease for the cultivation
				  of crops or the raising of livestock.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3 - CONDITIONS IN LEASES › Section 10-3-36 - Transfer of homestead leases

Current through June, 2024
(a) A lessee, with
				the written approval of the commission, may transfer the leasehold to any
				individual who is at least eighteen years old and qualified under the act
				provided that leases for vacant or undeveloped lots and undivided interests, or
				any interest therein, shall not be sold but may be transferred for no
				consideration or by succession.
(b)
				Lease transfers to qualified relatives of a lessee or to beneficiaries on a
				waitlist shall have priority for processing over transfers to beneficiaries not
				on a waitlist.
(c) The transferee
				shall immediately occupy the residence lot or use or cultivate the
				agricultural, pastoral, or kuleana lot. Failure to occupy or use the lot within
				sixty days from date of transfer shall constitute grounds for cancellation of
				the lease.
(d) A transferee may own
				an interest in non Hawaiian home lands real property, regardless of degree of
				ownership.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3 - CONDITIONS IN LEASES › Section 10-3-38 - Subdivision and transfer of a portion of residential lot leasehold

Current through June, 2024
A lessee of a residential lot, with the approval of the
				  commission, may subdivide and transfer a portion of the lot for the remaining
				  term of the lease to any individual who is a native Hawaiian and is at least
				  eighteen years old; provided that after the transfer, each lot conforms to
				  county zoning standards. The department shall not be required to finance the
				  construction of the house on the transferred portion. Plans for construction of
				  the house shall be subject to the approval of the department. The department
				  shall not be required to pay for any costs incurred in the processing and
				  obtaining of the subdivision.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3 - CONDITIONS IN LEASES › Section 10-3-39 - Occupancy and other requirements

Current through June, 2024
(a) The time period
				by which a lessee is required to occupy a residential lot or to commence to use
				or to cultivate an agricultural or pastoral lot shall be stipulated in the
				lease.
(b) Except as otherwise
				provided in the lease, the department may require a lessee of an agricultural
				lot of more than three acres or pastoral lot to have under development,
				cultivation, or use at least two-thirds of the useable acreage at all
				times.
(c) Lessees shall be
				responsible for maintaining their premises secure from fire, theft, and
				vandalism and shall comply with the requirements of their lease at all
				times.
(d) A lessee shall provide
				the department with a current mailing address and such other information as the
				department may require. The department shall be notified of a change of address
				in accordance with section
				10-3-10(a).