reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 11 - ELEVATORS AND RELATED SYSTEMS › Chapter 250 - AMUSEMENT RIDES › Section 12-250-8 - Assembly and disassembly

Current through June,
				  2024
(a) Parts of
				  amusement rides and their structures shall be properly aligned and shall not be
				  bent, distorted, cut, or otherwise injured to force a fit.
(b) Parts which are excessively worn or which
				  have been materially damaged shall not be used.
(c) An inspection of all fastening and
				  locking devices shall be made after assembly to ensure that they have been
				  properly installed.
(d) Broken,
				  damaged, and unsuitable tools and equipment shall not be used. Electrically
				  operated tools shall be grounded during use unless their construction is such
				  that special grounding is not required for safety.
(e) Assembly and disassembly of amusement
				  rides and temporary structures shall be carried on under illumination
				  sufficient to permit the work to be safely performed and inspected.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 11 - ELEVATORS AND RELATED SYSTEMS › Chapter 250 - AMUSEMENT RIDES › Section 12-250-9 - Location notice

Current through June,
				  2024
If any person intends to use or operate an amusement ride
					 at any location available to the public, the department shall be notified in
					 writing at least 5 days prior to the use or operation of the ride. The written
					 notification shall state, at a minimum, the following:
(1) The specific dates when the ride is to be
				  used or operated;
(2) The location
				  where the ride is to be used or operated; and
(3) The identification type and number of the
				  ride.
If an unscheduled or emergency use or operation of a ride
					 makes it not possible to give a 5-day notice, the notice shall be given to the
					 department immediately by telephone.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 11 - ELEVATORS AND RELATED SYSTEMS › Chapter 250 - AMUSEMENT RIDES › Section 12-250-11 - Air compressors and equipment

Current through June,
				  2024
Air compressor tanks and equipment used in connection
					 therewith shall be constructed, equipped, operated, maintained, inspected, and
					 tested as required by part 10 of this title.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 11 - ELEVATORS AND RELATED SYSTEMS › Chapter 250 - AMUSEMENT RIDES › Section 12-250-12 - Fire prevention and protection

Current through June,
				  2024
(a) Approved fire
				  extinguishers shall be provided when necessary to secure reasonable and
				  adequate protection from fire hazards.
(b) Flammable waste such as oily rags and
				  other flammable materials shall be placed in covered metal containers which
				  shall be kept in easily accessible locations. The containers shall not be kept
				  at or near exits or under amusement rides.
(c) Gasoline and other volatile liquids and
				  flammable gases shall be stored and handled in compliance with chapters
				  12-74 and 12-75.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 11 - ELEVATORS AND RELATED SYSTEMS › Chapter 250 - AMUSEMENT RIDES › Section 12-250-13 - Operation of amusement rides

Current through June,
				  2024
(a) It shall be the
				  responsibility of the manager to ensure that the operator of each amusement
				  ride is a responsible person at least 18 years of age who has been properly
				  instructed in the safe operation of the amusement ride.
(b) It shall be the responsibility of the
				  manager to post all necessary warning and danger signs. Such signs shall be
				  conspicuously located where they will render the most effective protection,
				  shall be of sufficient size to be legible at a distance of not less than 6 feet
				  (1.8 m), and shall be illuminated as required for good visibility. On those
				  amusement rides where there is a greater than normal possibility of passengers
				  being thrown from the ride, permanent notices shall be posted in locations
				  visible to all passengers warning them that restraining devices are required to
				  be tight.
(c) It shall be the
				  responsibility of the operator to ensure that the restraining devices for all
				  passengers have been properly fastened and adjusted prior to placing the ride
				  in motion.
(d) The operator shall
				  remain in the immediate vicinity of the operating controls at all times while
				  the amusement ride is in motion.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 11 - ELEVATORS AND RELATED SYSTEMS › Chapter 250 - AMUSEMENT RIDES › Section 12-250-14 - Availability of standards

Current through June,
				  2024
(a) ANSI/ASME A12.1
				  is available from the American National Standards Institute, 1430 Broadway, New
				  York, N.Y. 10018.
(b) ANSI/NFPA 70
				  is available from National Fire Protection Association, Batterymarch Park,
				  Quincy, MA 02269.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-1 - Purpose

Current through June, 2024
This chapter governs practice and procedure before the
					 board of land and natural resources of the State of Hawaii under chapter
					 91, Hawaii Revised Statutes (HRS), the
					 public land laws of the State and such other related acts as may now or
					 hereafter be administered by the board. These rules shall be construed to
					 secure the just, speedy, and cost-effective determination of every
					 proceeding.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-2 - Definitions

Current through June, 2024
(a) As used in this chapter, unless the
				  context requires otherwise:
"Applicant" means the applicant or petitioner who
					 initiates a request to the board for a permit or other authorization, or for
					 relief.
"Application" means the application or petition made to
					 the board for a permit or other authorization, or for other relief.
"Board" means the board of land and natural
					 resources.
"Chairperson" means the chairperson of the board of land
					 and natural resources.
"Contested case" means a proceeding in which the legal
					 rights, duties, or privileges of specific parties are required by law to be
					 determined after an opportunity for an agency hearing.
"Department" means that department of land and natural
					 resources.
"Government records" is defined in section
					 92F-3, HRS.
					 The term shall include all rules, written statements of policy or
					 interpretation formulated, adopted, or used by the board, all final opinions
					 and orders, the minutes of meetings of the board and any other material
					 required by law to be kept on file in the office of the board unless accorded
					 confidential treatment pursuant to law.
"Party" means each person or agency named or admitted as a
					 party.
"Person" means as appropriate individuals, partnerships,
					 corporations, associations, or public or private organizations of any character
					 other than agencies.
"Petitioner" means the person or agency on whose behalf a
					 petition or application is made.
"Presiding officer" means the person conducting the
					 hearing which shall be the chairperson or the chairperson's designated
					 representative.
"Proceeding" means the board's consideration of the
					 relevant facts and applicable law and action thereon with respect to a
					 particular subject within the board's jurisdiction, initiated by a filing or
					 submittal or request or a board's notice or order, and shall include but not be
					 limited to:
(1) Proceedings involving the adoption of forest reserve or
					 watershed boundaries;
(2) Petitions for the creation of land use subzones in
					 conservation districts;
(3) Petitions or applications for the granting or declaring
					 of any right, privilege, authority, or relief under or from any provision of
					 law or any rule or requirement made pursuant to authority granted by
					 law;
(4) An investigation or review instituted or requested to
					 be instituted by the board; or
(5) Proceedings involving the adoption, amendment, or
					 repeal of any rule of the board whether initiated by board order or notice or
					 by petition of an interested person.
"Proposed rulemaking" includes a proposal to adopt, amend,
					 or repeal a rule, as the case may be.
"Public hearing" means a hearing required by law in which
					 members of the public generally may comment upon the subject matter of the
					 hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-2.1 - Definitions applied

Current through June, 2024
(a) Unless
				  otherwise specifically stated, the terms used in the rules adopted by the board
				  pursuant to powers granted by statute shall have the meanings given them by
				  such statutes.
(b) A rule which
				  defines a term without express reference defines the terms for all purposes as
				  used both in the statute and in these rules, unless the context otherwise
				  specifically requires.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-3 - Office

Current through June, 2024
The principal offices of the board and the chairperson are
					 at the Kalanimoku building, 1151 Punchbowl Street, Honolulu. All communications
					 to the board shall be addressed to the board of land and natural resources,
					 1151 Punchbowl Street, Honolulu, Hawaii 96813, unless otherwise specifically
					 directed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-4 - Hours

Current through June, 2024
The offices of the board and the chairperson shall be open
					 from 7:45 a.m. to 4:30 p.m. of each day of the week except Saturday and Sundays
					 and holidays unless otherwise provided by statute or executive
					 order.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-5 - Meetings

Current through June, 2024
(a) The board may meet and exercise its
				  powers in any part of the State of Hawaii.
(b) Regular meetings of the board shall be
				  held in Honolulu, on the second and fourth Fridays of each and every month;
				  provided, however, that the board may establish another place or date for any
				  regular meeting but shall give prior notice of the proposed changes in a
				  newspaper of general circulation at least one week prior to the affected
				  regular meeting.
(c) Special
				  meetings may be convened by the chairperson of the board at any time by giving
				  notice to each member present in the State at least five days prior to the date
				  of the meeting; provided however that the notice shall not be required if all
				  members present in the State agree and sign a written waiver of the notice. No
				  final action involving disposition of public lands may be done at the special
				  meeting.
(d) All meetings of the
				  board shall be open to the public; provided, that the board may meet, pursuant
				  to sections
				  92-4 and
				  92-5, HRS, in
				  executive session, from which the public may be excluded, by a recorded vote of
				  two-thirds of the members present. No order, ruling, contract, appointment, or
				  decision shall be finally acted upon in the executive session.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-5.1 - Adjudicatory functions

Current through June, 2024
Pursuant to section
					 92-6,
					 HRS, the exercise by the board of its adjudicatory functions is not a meeting
					 within the meaning of section
					 92-2, HRS, and these
					 rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-6 - Quorum

Current through June, 2024
Unless provided otherwise by statute, four members of the
					 board shall constitute a quorum to transact business and the concurrence of a
					 simple majority of the members of the board shall be necessary to make any
					 action of the board valid.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-7 - Authentication

Current through June, 2024
All orders and other actions of the board shall be
					 authenticated or signed by the chairperson or other persons authorized by the
					 board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-8 - Chairperson

Current through June, 2024
(a) The chairperson shall, in addition to any
				  other duties, have charge of the board's official records and shall be
				  responsible for the maintenance and custody of the files and records of the
				  board, including transcripts of testimony and exhibits, with all papers and
				  requests filed in proceedings, the minutes of all action taken by the board and
				  all of its findings, determinations, reports, opinions, orders, rules, and
				  approved forms.
(b) The chairperson
				  shall also prepare for submission by the board an annual report of the
				  department's activities, accomplishments, and recommendations to the governor
				  and to the legislature through the governor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-8.1 - Vice-chairperson

Current through June, 2024
The board shall annually elect a vice-chairperson or
					 vice-chairpersons from its members. In the absence of the chairperson, a
					 vice-chairperson shall have the responsibilities prescribed in this
					 chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 13-1-9 - Government records

Current through June, 2024
(a) All government
				  records of the board shall be available for inspection in the office of the
				  board, Honolulu, Hawaii, during established office hours unless public
				  inspection of these records is prohibited by law; provided that except where
				  the records are open under any rule of court, the attorney general may
				  determine which records may be withheld from public inspection when the records
				  pertain to the preparation of the prosecution or defense of any action or
				  proceeding to which the State is or may be a party or to maintain the
				  attorney-client and attorney work product privileges.
(b) Government records printed or reproduced
				  by the board in quantity shall be given to any person requesting the same by
				  paying the fees established by law. Photocopies of government records shall be
				  made and given by the chairperson to any person upon request and upon payment
				  of the fees established by law. Certified copies of extracts from government
				  records shall also be given by the chairperson upon payment of the fees
				  established by law.
(c) Requests
				  for public information, for permission to inspect official records, or for
				  copies of government records shall be handled with due regard for the dispatch
				  of other public duties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-10 - Appearance and practice before the board

Current through June, 2024
(a) A person may
				  appear in the person's own behalf, a partner may represent the partnership, an
				  officer, trustee, or authorized employee of a corporation or trust or
				  association may represent the corporation, trust or association, and an officer
				  or employee of an agency may represent the agency in any proceeding before the
				  board.
(b) A person may be
				  represented by counsel in any proceeding under these rules.
(c) A person shall not be represented in any
				  proceeding before the board or a hearing officer except as stated in
				  subsections (a) or (b).
(d) When a
				  person acting in a representative capacity appears in person or signs any
				  document or other papers in practice before the board, the person shall show
				  the person's authority to act in that capacity.
(e) No person who has been associated with
				  the board as a member, officer, employee, or counsel shall be permitted at any
				  time to appear before the board in behalf of or to represent, in any manner,
				  any party in connection with any proceeding or matter which the person has
				  handled or passed upon while associated in any capacity with the
				  board.
(f) No person who has been
				  associated with the board as a member, officer, employee, or counsel, shall be
				  permitted to appear before the board in behalf of, or to represent in any
				  manner, any person in connection with any proceeding or matter which was
				  pending before the board at the time of the person's association with the board
				  unless the person shall first have obtained the written consent of the board
				  upon a verified showing that the person did not give personal consideration to
				  the matter or proceeding which the consent is sought or gain particular
				  knowledge of the facts thereof during the person's association with the
				  board.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-11 - Proceedings before the board

Current through June, 2024
(a) The board may
				  on its own motion or on petition or application of any interested person or
				  persons or any agency of the state or county government conduct proceedings as
				  necessary for the purpose of obtaining information necessary or helpful in
				  carrying out its duties, including the formulation of its rules.
(b) For the purposes permitted by law, the
				  board may subpoena witnesses and require the production of evidence.
(c) The board shall follow procedures that,
				  in its opinion, best serve the purposes of the proceedings, unless specifically
				  prescribed in these rules or chapter
				  91, HRS.
(d) Unless it would be contrary to statutory
				  requirements to do so, any rule in this chapter may be suspended or waived by
				  the board or the presiding officer to prevent undue hardship in any particular
				  instance.
(e) Proceedings shall be
				  commenced by order of the board upon its own motion, or by the filing of a
				  petition or application the processing of which necessitates a statutory
				  hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-11.1 - Limiting testimony at public hearings and meetings

Current through June, 2024
Interested persons shall have an opportunity to submit
					 written and oral data, views, or arguments on agenda items in board meetings
					 and on the subject matter specified in notices of public hearings. The
					 presiding officer shall confine oral testimony to agenda items in board
					 proceedings. Oral testimony at public hearings shall be confined to the matters
					 for which the hearing has been called. In order to allow persons to have an
					 equal amount of time to testify, the presiding officer may limit the amount of
					 time for testimony per individual or per issue.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-11.2 - Removal of persons from proceedings

Current through June, 2024
The presiding officer may remove or order the removal of
					 any person who willfully disrupts a proceeding.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-12 - Filing of documents

Current through June, 2024
(a) All pleadings,
				  applications, submittals, petitions, reports, maps, exceptions, briefs,
				  memoranda, and other papers required to be filed with the board in any
				  proceeding shall be filed with the office of the chairperson. These papers may
				  be sent by mail or hand-carried to the chairperson's office in Honolulu,
				  Hawaii, within the time limit, if any, for filing. The date on which the papers
				  are actually received by the office of the chairperson shall be deemed to be
				  the date of filing.
(b) All papers
				  shall be written, typewritten or printed and signed in ink by the party signing
				  the same or the party's duly authorized agent or attorney. The signature shall
				  be legible. The signature of the person signing the document constitutes a
				  certification that the person has read the document, that to the best of that
				  person's knowledge, information, and belief every statement contained in the
				  document is true and no statements are misleading; and that the document is not
				  interposed for delay.
(c) Unless
				  otherwise specifically provided by a rule or order of the board, an original
				  and one copy of all papers shall be filed.
(d) The board may develop and authorize the
				  use of Internet-based or other electronic filing procedures. Once developed,
				  the board may authorize the use of such Internet-based or other electronic
				  filing procedures for the filing of documents.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-13 - Computation of time

Current through June, 2024
Computation of time shall be as established by section
					 1-29,
					 HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-13.1 - Service

Current through June, 2024
(a) Service of documents may be by mail,
				  personal delivery, or facsimile transmission. When a person is represented by
				  an attorney, service shall be made upon the attorney.
(b) Service by mail is complete upon mailing.
				  Service by facsimile transmission is complete upon receipt of the entire
				  document by the intended receiver between the hours of 7:45 a.m. and 4:30 p.m.
				  on a business day. Service by facsimile transmission that occurs after 4:30
				  p.m. or not on a business day shall be deemed to have occurred on the next
				  business day.
(c) Service by
				  facsimile transmission shall be confirmed by a certificate of service which
				  declares that service was accomplished by facsimile transmission to a specific
				  phone number, on a specific date, at a specific time.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-13.2 - Additional time after service by mail

Current through June, 2024
Whenever a person has the right or is required to do some
					 act within a prescribed period after the service of a document upon the person
					 and the document is served by mail, two days shall be added to the prescribed
					 period.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-14 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency has a right or is required to
					 take action within the period prescribed or allowed by these rules, by notice
					 given thereunder or by an order, the board or its chairperson may, for good
					 cause, unless prohibited by law:
(1)
				  Before the expiration of the prescribed period, with or without notice, extend
				  the period; or
(2) Upon
				  application, permit the act to be done after the expiration of a specified
				  period.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-15 - Amendment required or refusal of documents

Current through June, 2024
If any document filed with the board is not in substantial
					 conformity with rules of the board as to its contents, or is otherwise
					 insufficient, the board may refuse to accept the document, or may require its
					 amendment.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-16 - Retention of documents by the board

Current through June, 2024
All documents filed with or presented to the board may be
					 retained in the files of the board. The board may permit the withdrawal of
					 original documents upon submission of properly authenticated copies to replace
					 the documents.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-17 - Board decision

Current through June, 2024
All final orders, opinions or rulings entered by the board
					 in a proceeding and rules and written policies promulgated by the board shall
					 be served upon the parties or persons participating in the proceeding by
					 regular mail or personal delivery by the board and may be released for general
					 publication. Copies of the published materials shall be available for public
					 inspection in the offices of the board or may be obtained upon request and upon
					 payment of charges, if any.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-18 - Counsel for the board in contested cases (Repealed)

Current through June, 2024
A deputy attorney general, as assigned by the department
					 of the attorney general, will serve as counsel to the board during its
					 proceedings. In contested cases concerning alleged violations of law, there
					 will be at least two deputy attorneys general assigned by and from different
					 divisions of the department of the attorney general, one to represent the
					 department of land and natural resources in enforcement of the law and one to
					 serve as counsel for the board.
The repealed version of this section by
					 Hawaii
					 Administrative Rules Listing of Filings, 2021-01, July, eff.
					 8/2/2021 is not yet
					 available.
The repealed version of this section by
					 Hawaii
					 Administrative Rules Listing of Filings, 2021-01, August, eff.
					 8/2/2021 is not yet
					 available.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-19 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the board may order
					 substitution of parties; provided that in case of death of a party,
					 substitution may be ordered without the filing of a motion.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 13-1-20 - Consolidations

Current through June, 2024
The board, upon its own initiation or upon motion, may
					 consolidate for hearing or for other purposes or may contemporaneously consider
					 two or more proceedings which involve substantially the same parties or issues
					 which are the same or closely related, if it finds that the consolidation or
					 contemporaneous hearing will be conducive to the proper dispatch of its
					 business and to the ends of justice and will not unduly delay the
					 proceedings.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-1-21 - Initiating proceedings

Current through June, 2024
When the board proposes to adopt, amend, or repeal a rule,
					 whether acting upon a petition or its own motion, a public hearing shall be
					 held as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-1-22 - Notice

Current through June, 2024
(a) Notice of proposed rulemaking shall be
				  published at least once in a newspaper of general circulation in the State and
				  in each county affected by the proposed rule. All notices shall be issued at
				  least thirty days prior to the date set for public hearing.
(b) A notice of the proposed adoption,
				  amendment, or repeal of a rule shall include:
(1) A statement of the topic of the proposed
				  rule adoption, amendment, or repeal or a general description of the subjects
				  involved;
(2) A statement that a
				  copy of the proposed rule to be adopted, the proposed amendment, or the rule
				  proposed to be repealed will be mailed to any interested person who requests a
				  copy, pays the required fee and postage, if any, together with a description of
				  where and how the request may be made;
(3) A statement of when, where, and during
				  what times the proposed rule to be adopted, the proposed rule amendment, or the
				  rule proposed to be repealed may be reviewed in person;
(4) The date, time, and place where the
				  public hearing will be held and where interested persons may be heard on the
				  proposed rule adoption, amendment, or repeal; and
(5) In the case of a proposal to establish,
				  change or review forest reserve or watershed boundaries, a statement of the
				  time and place where maps showing the proposed or existing boundaries within
				  the county may be inspected prior to the public hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-1-23 - Time and place

Current through June, 2024
Each hearing shall be held at the time and place set in
					 the notice of hearing, but may at that time and place be continued by the
					 presiding officer from day to day or adjourn to a later date or to a different
					 place without notice other than the announcement thereof at the hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-1-25 - Emergency rulemaking

Current through June, 2024
If the board finds that an imminent peril to public
					 health, safety, or morals requires adoption, amendment, or repeal of a rule
					 upon less than thirty days' notice of hearing, and states in writing its reason
					 for the finding, it may proceed without prior notice or hearing or upon an
					 abbreviated notice and hearing to adopt an emergency rule to be effective for a
					 period not longer than 120 days without renewal.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-1-26 - Petitions for adoption, amendment, or repeal of rules

Current through June, 2024
(a)
				  Any interested person may petition the board for the adoption, amendment, or
				  repeal of any rule.
(b) Petitions
				  for proposed rulemaking shall set forth the text of any proposed rule or
				  amendment desired or specifying the rule the repeal of which is desired and
				  stating concisely the nature of the petitioner's interest in the subject matter
				  and the reasons for seeking the adoption, amendment, or repeal of the rule and
				  shall include any facts, views, arguments, and data deemed relevant by
				  petitioner. The board may require the petitioner to notify persons or
				  governmental agencies known to be interested in the proposed rulemaking of the
				  existence of the filed petitions. No request for the issuance, amendment, or
				  repeal of a rule which does not conform to the requirements set forth above
				  shall be considered by the board.
(c) Petitions for proposed rulemaking shall
				  become matters of public record upon filing. The board shall within thirty days
				  following the filing of the petition either deny the petition in writing or
				  initiate public rulemaking procedures. No public hearing, oral argument, or
				  other form of proceedings need be held on the petition. If the board determines
				  that the petition discloses sufficient reasons in support of the relief
				  requested to justify the institution of public rulemaking proceedings, the
				  procedures to be followed shall be as set forth in section
				  91-3,
				  HRS, § 13-1-21 and § 13-1-22. When the board determines that the
				  petition does not disclose sufficient reasons to justify the institution of
				  public rulemaking procedures, or where the petition for rulemaking fails in any
				  material respect to comply with the requirements of these rules, the petitioner
				  shall be notified and given the grounds for the denial. The provisions of this
				  section shall not operate to prevent the board, on its own motion, from acting
				  on any matter disclosed in any petition.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RULINGS › Section 13-1-27 - Petition for declaratory ruling

Current through June, 2024
(a) On the petition
				  of an interested person, the board may issue a declaratory order regarding the
				  applicability of any statutory provision or of any rule or order of the
				  board.
(b) The petition shall
				  contain the following:
(1) The name, address,
				  and telephone number of the petitioner;
(2) A statement of the nature of the
				  petitioner's interest, including reasons for submission of the
				  petition;
(3) A designation of the
				  specific provision, rule, or order in question;
(4) A clear and concise statement of the
				  position or contention of the petitioner;
(5) A memorandum of authorities, containing a
				  full discussion of the reasons, including legal authorities, in support of such
				  position or contention; and
(6) The
				  signature of each petitioner.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-28 - Contested case hearings

Current through June, 2024
(a) When required
				  by law, the board shall hold a contested case hearing upon its own motion or on
				  a written petition of any government agency or any interested person.
(b) The contested case hearing shall be held
				  after any public hearing which by law is required to be held on the same
				  subject matter.
(c) Any procedure
				  in a contested case may be modified or waived by stipulation of the
				  parties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-29 - Request for hearing

Current through June, 2024
(a) On its own
				  motion, the board may hold a contested case hearing. Others must both request a
				  contested case and petition the board to hold a contested case hearing. An oral
				  or written request for a contested case hearing must be made to the board no
				  later than the close of the board meeting at which the subject matter of the
				  request is scheduled for board disposition. An agency or person so requesting a
				  contested case must also file (or mail a postmarked) written petition with the
				  board for a contested case no later than ten calendar days after the close of
				  the board meeting at which the matter was scheduled for disposition. For good
				  cause, the time for making the oral or written request or submitting a written
				  petition or both may be waived.
(b)
				  Except as otherwise provided in section 13-1-31.1, the formal written petition
				  for a contested case hearing shall contain concise statements of:
(1) The nature and extent of the requestor's
				  interest that may be affected by board action on the subject matter that
				  entitles the requestor to participate in a contested case;
(2) The disagreement, if any, the requestor
				  has with an application before the board;
(3) The relief the requestor seeks or to
				  which the requestor deems itself entitled;
(4) How the requestor's participation would
				  serve the public interest; and
(5)
				  Any other information that may assist the board in determining whether the
				  requestor meets the criteria to be a party pursuant to section
				  13-1-31.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-29.1 - Determination of entitlement to a contested case hearing

Current through June, 2024
The board without a hearing may deny a request or petition
					 or both for a contested case when it is clear as a matter of law that the
					 request concerns a subject that is not within the adjudicatory jurisdiction of
					 the board or when it is clear as a matter of law that the petitioner does not
					 have a legal right, duty, or privilege entitling one to a contested case
					 proceeding.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-30 - Filing fee

Current through June, 2024
When an application involves a conservation district use
					 permit (including a request for a permit, modification of a permit, violation
					 of a permit, or revocation of a permit), the request for a contested case
					 hearing shall be accompanied with a $100.00 nonrefundable filing fee or a
					 request for waiver of this fee. The chairperson may waive the filing fee for
					 any person upon a showing of financial hardship.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-31 - Parties

Current through June, 2024
(a) Except as otherwise provided in section
				  13-1-31.1, parties to a contested case shall be determined within a reasonable
				  time following the ten-day period following the board meeting, the presiding
				  officer shall notify all persons and agencies, including the applicant or
				  alleged violator, as the case may be, who timely petitioned for the contested
				  case hearing of the date and time for a hearing to determine whether any or all
				  of the persons and agencies seeking to participate in the contested case
				  hearing are entitled to be parties in the contested case. Such notice shall
				  also set the time for filing any objections to the admission of any requestor
				  as a party to the contested case. Without a hearing, an applicant or an alleged
				  violator shall be a party.
(b) The
				  following persons or agencies shall be admitted as parties:
(1) All government agencies whose
				  jurisdiction includes the land in question shall be admitted as parties upon
				  timely application.
(2) All persons
				  who have some property interest in the land, who lawfully reside on the land,
				  who are adjacent property owners, or who otherwise can demonstrate that they
				  will be so directly and immediately affected by the requested action that their
				  interest in the proceeding is clearly distinguishable from that of the general
				  public shall be admitted as parties upon timely application.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-31.1 - Hearings of violations

Current through June, 2024
Notwithstanding the provisions of section 13-1-29(b) and
					 section 13-1-31, when a violation is
					 alleged for which an administrative remedy is provided and with respect to
					 which the alleged violator is entitled to a contested case hearing, a contested
					 case shall be held upon the petition of the alleged violator, provided that the
					 petition is made in accordance with the provisions of section
					 13-1-29(a). No
					 person or government agency other than the department and alleged violator
					 shall be admitted as parties in such proceedings.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-31.2 - Notice of hearing

Current through June, 2024
After a determination is made that a contested case
					 hearing is required and the parties have been determined, a written notice of
					 hearing shall be served on parties by registered or certified mail in
					 accordance with section
					 91-9.5(a),
					 HRS, and shall be served on all persons or agencies admitted as a party at
					 their last recorded addresses at least fifteen days before the hearing date. If
					 notice by publication is permitted under section
					 91-9.5(b),
					 it shall be published at least once in each of two successive weeks in a
					 newspaper of general circulation. The last published notice shall appear at
					 least fifteen calendar days prior to the hearing date.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-32.1 - Conduct of hearing with only one party

Current through June, 2024
Where the applicant is the sole party in the contested
					 case, the board or the hearing officer, as the case may be, shall consider and
					 give appropriate weight to the records on file with the board directly relating
					 to the application, including, but not limited to, staff submittals to the
					 board, if any; provided, however, that the staff shall not be made parties to
					 the contested case nor be compelled to give testimony on any documents within
					 the file unless the board or the hearing officer deems it necessary to a just
					 disposition of the case.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-32.2 - Enforcement by department

Current through June, 2024
In contested cases involving alleged violations of law, to
					 the extent necessary, the department shall be treated as a party for the
					 purpose of establishing the agency's case and staff members may be called as
					 witnesses. The department's activities in relation to the enforcement action
					 shall be performed or supervised by a first deputy to the chairperson.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-32.3 - Discovery

Current through June, 2024
Depositions of witnesses and interrogatories shall not be
					 allowed except upon agreement of the parties. The presiding officer may require
					 parties to file and serve upon all other parties written witness statements and
					 exhibits and to establish a schedule for such filings.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-32.4 - Records on file with board

Current through June, 2024
Records directly relating to the application that are on
					 file with the board, including, but not limited to, the record of the public
					 hearing (if held), shall be a part of the record of the contested case;
					 provided, however, that any party may object, in the manner provided in section
					 13-1-35, to any part of such
					 record.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-33 - Procedure for witnesses

Current through June, 2024
(a) Witnesses may
				  be subpoenaed as set forth below:
(1)
				  Requests for the issuance of subpoenas, requiring the attendance of a witness
				  for the purpose of taking oral testimony before the board shall be in writing,
				  and shall state the reasons why the testimony of the witness is believed to be
				  material and relevant to the issues involved. Only parties or a board member
				  may request the issuance of a subpoena.
(2) Requests for the issuance of subpoenas
				  for the production of documents or records shall be in writing, shall specify
				  the particular document or record, or part thereof, desired to be produced; and
				  shall state the reasons why the production thereof is believed to be material
				  and relevant to the issues involved. Only parties or a board member may
				  requests the issuance of a subpoena duces tecum.