Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 1 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-2 - Powers and general duties

Current through June, 2024
(a) In addition to
				  the powers and function granted to the board under chapter
				  26, HRS, the board shall have the
				  power to:
(1) Prescribe forms of instruments
				  and documents;
(2) Establish
				  restrictions, requirements, or conditions, not inconsistent with those
				  prescribed in chapter 166E, HRS, and this chapter, relating to the use of
				  particular land being disposed of, the terms of lease, license, or permit, and
				  the qualifications of any person to draw, bid, or negotiate for public
				  land;
(3) Reduce or waive the lease
				  rental at the beginning of the lease on any lease of public land to be used for
				  any agricultural or pastoral use where the land being leased requires
				  substantial improvements to be placed thereon; provided that such reduction or
				  waiver shall not exceed two years for land to be used for any agricultural or
				  pastoral use;
(4) Delegate to the
				  chairperson or employees of the department, subject to the board's control and
				  responsibility, such powers and duties as may be lawful or proper for the
				  performance of the functions vested in the board;
(5) Set, charge, and collect reasonable fees
				  in an amount sufficient to defray the cost of performing or otherwise providing
				  for the inspection of activities permitted upon the issuance of a land license
				  involving an agricultural purpose;
(6) Appoint hearing officers to conduct
				  public hearings as provided by law and under such conditions as the board by
				  rules shall establish;
(7) Approve
				  of plans to develop public lands;
(8) Award and cancel leases, issue revocable
				  permits, easements, and rights of entry covering lands for use consistent with
				  its purposes;
(9) Approve the
				  transfer, assignment, or sublease of a lease or any interest therein, including
				  the transfer of stock of a corporation including a limited liability
				  corporation holding the lease, or the interest in an association or partnership
				  including a limited partnership holding the lease. To the extent the board
				  reserves such a right in the lease, upon the transfer, assignment, or sublease
				  of a lease or any interest therein, the board may establish additional
				  restrictions, terms, or conditions not inconsistent with this chapter to insure
				  and promote the purposes of the demised lands;
(10) Waive rental payments due to natural
				  catastrophes and other external factors beyond the lessee's control and
				  determine the period for the waiver;
(11) Establish lease rentals as provided in
				  section 4-158-21;
(12) Bring such
				  actions as may be necessary to remove or remedy encroachments upon public
				  lands; and
(13) Do any and all
				  things necessary to carry out its purposes and exercise the powers granted in
				  Chapter 166E, HRS, and this chapter.