reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-193-46 - Tenant transfers

Current through June, 2024
(a) Tenant
				  transfers will be made without regard to race, sex, color, religion, marital
				  status, familial status, ancestry, disability, age, or HIV (human
				  immunodeficiency virus) infection.
(b) The corporation may transfer a tenant to
				  another dwelling unit:
(1) To prevent
				  overcrowding or under utilization of a dwelling unit as determined by the
				  corporation at the time of the annual or interim reexamination;
(2) To preserve the purpose for which a
				  project or unit was specifically developed or designed such as to meet the
				  needs of the elderly, or a person with disabilities;
(3) To meet a verifiable health or safety
				  need; or
(4) For economic reasons
				  affecting the tenant or the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-193-47 - Backcharges

Current through June, 2024
A tenant shall pay in full any backcharges within one
					 hundred eighty days after being notified by the staff of the backcharge.
					 Failure to do so shall result in the termination of the rental agreement for
					 non-payment of rent.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-193-48 - Rental agreement termination

Current through June, 2024
(a) A tenant shall
				  give the corporation at least twenty-eight days written notice that the tenant
				  will vacate the tenant's unit prior to the vacate date.
(b) The corporation may terminate a rental
				  agreement when a tenant, any member of the tenant's household, or any guest or
				  other person under the tenant's control:
(1)
				  Fails-to observe or perform any covenant or obligation of the rental agreement,
				  or rule of the corporation or housing project, or law or ordinance of a
				  governmental agency that pertains to or establishes standards of
				  occupancy,-
(2) Engages in the
				  illegal use of a controlled substance;
(3) Whose illegal use of a controlled
				  substance, or abuse of alcohol, is determined by the corporation to interfere
				  with the health, safety, or right to peaceful enjoyment of the premises by
				  other residents;
(4) Who the
				  corporation determines engages in any criminal activity that threatens the
				  health, safety, or right to peaceful enjoyment of the premises by other
				  residents; or
(5) Who the
				  corporation determines engages in any drug-related criminal activity on or near
				  the corporation's property.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 5 - RENTS AND SECURITY DEPOSITS › Section 15-193-60 - Security deposits

Current through June, 2024
A tenant shall pay a security deposit, prior to admission
					 to a housing project, in an amount not to exceed one month's rent. The security
					 deposit may be applied to rent or used to repay charges owed to the corporation
					 upon the termination of the rental agreement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 5 - RENTS AND SECURITY DEPOSITS › Section 15-193-61 - Minimum rents

Current through June, 2024
(a) The minimum rent shall be based upon the
				  number of bedrooms in the dwelling unit.
(b) The minimum rents for state-aided family
				  projects are set forth in exhibit D, which is incorporated by reference and
				  attached.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 5 - RENTS AND SECURITY DEPOSITS › Section 15-193-62 - Rent

Current through June, 2024
A tenant shall pay thirty percent of adjusted annual income
					 for rent or a minimum rent, as set forth in 15-193-61 whichever is
					 greater.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 5 - RENTS AND SECURITY DEPOSITS › Section 15-193-63 - Determining net earned income

Current through June, 2024
The net earned income for a tenant family shall be
					 determined by the following process:
1. From the gross annual earned income of
				  each adult household member, deduct a standard deduction of twenty per cent;
				  and if applicable,
2. After the
				  twenty per cent standard deduction, deduct from the remainder an education
				  credit for a household member that is a full-time student seeking a
				  post-secondary education. The education credit, which is provided for a tenant
				  family and not individual family members, is calculated as:
A. The actual amount received from
				  scholarship(s) to attain a post-secondary education degree; or
B. One thousand dollars ($1,000) per year;
				  whichever is less.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 5 - RENTS AND SECURITY DEPOSITS › Section 15-193-64 - Determining net unearned income

Current through June, 2024
The net unearned income for a tenant family shall be
					 determined by the following process:
1. If applicable, from the gross annual
				  unearned income of each adult household member, deduct Medicare premiums that
				  are actually deducted from social security benefits; and
2. If a household member is a full-time
				  student seeking a post-secondary education, deduct an education credit, which
				  is provided for a tenant family and not individual family members. The
				  education credit is calculated as:
A. The
				  actual amount received from scholarship(s) to attain a post-secondary education
				  degree; or
B. One thousand dollars
				  ($1,000) per year; whichever is less.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 5 - RENTS AND SECURITY DEPOSITS › Section 15-193-65 - Determining adjusted annual income

Current through June, 2024
Adjusted annual income is determined by adding the net
					 earned income, as set forth in 15-193-63, to the net unearned income, as set
					 forth in 15-193-64.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-193-70 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of this
					 chapter, or its application to any person or transaction or other
					 circumstances, is for any reason held to be unconstitutional or invalid, the
					 remaining parts, sections, sentences, clauses, and phrases of this chapter, or
					 the application of this chapter to other persons or transactions or
					 circumstances, shall not be affected.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 6 - MISCELLANEOUS PROVISIONS › Exhibit B - OCCUPANCY STANDARDS 2001

Current through June, 2024
Unit allotment is based in accordance with the prevailing
					 zoning and county building, health and fire codes In determining the
					 appropriate dwelling unit size for assistance, the following criteria shall be
					 applied:
1. A family shall be assigned
				  to the smallest unit suitable for its needs and each bedroom shall be occupied
				  by at least one person.
2. The
				  dwelling unit assigned should permit up to the maximum number of persons to
				  occupy the unit in accordance with prevailing zoning and county building,
				  health, and fire codes.
3. Every
				  member of the household, regardless of age, shall be counted as a person
				  Children expected to be born by pregnant household members will also be counted
				  as a person.
4. At the written
				  request of the applicant, the HCDCH shall take into consideration in
				  determining unit allotment, factors that include but are not limited to the
				  following:
a. In the case of single parents
				  and dependent(s, separate bedrooms may be allotted to the parent and to the
				  child/children; or
b. Children of
				  opposite sexes may be allotted separate bedrooms for each gender; or
c. A person with valid medical ailments may
				  be allotted a separate bedroom, provided the necessity for the separate bedroom
				  is verified by a signed statement from a medical doctor and other supporting
				  data,- or
d. A live-in care
				  attendant of necessity may be allotted a separated bedroom.
e. Children who are in the process of being
				  adopted, or whose legal custody is being obtained by a household will be
				  included as members of the household for the purpose of determining unit
				  size.
f. One person, the remaining
				  member of a tenant family, may with prior consent of the HCDCH, be permitted to
				  continue to occupy the smallest size unit The remaining member, may, with prior
				  consent of the HCDCH, add another person to the household, provided the new
				  household qualifies as a family for continued occupancy and a larger dwelling
				  is not required to accommodate the enlarged household.
MINIMUM RENTS FOR STATE-AIDED FAMILY PUBLIC HOUSING
					 PROJECTS (Effective DEC 13 2001)
The Minimum Monthly rents for all tenants of State-aided
					 family public housing projects are as follows:
No of Bedrooms
Monthly Minimum Rent
1
$108
2
128
3
152
4
180
5
212
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-1 - Purpose

Current through June, 2024
These rules are adopted pursuant to chapters
					 91 and
					 92, Hawaii Revised Statutes ("HRS"),
					 and implement chapter
					 201H, HRS, and address the following
					 objectives:
(1) To govern the practice
				  before the Hawaii housing finance and development corporation; and
(2) To secure the just and efficient
				  determination of proceedings before the Hawaii housing finance and development
				  corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-3 - Business hours and location

Current through June, 2024
(a) The principal
				  office of the corporation is located at 677 Queen Street, Suite 300, Honolulu,
				  Hawaii 96813. All communication to the corporation, including specifically its
				  board and chairperson, shall be transmitted to the corporation's
				  office.
(b) The principal office of
				  the corporation shall be open Monday through Friday, holidays excepted, from
				  7:45 a.m. to 4:30 p.m. of each week day, unless otherwise provided by statute
				  or executive order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-4 - Applicability of rules

Current through June, 2024
The rules under this chapter shall apply to all practices
					 and procedures of the corporation, provided that where these rules are
					 inconsistent with the corporation's rules under another chapter, these rules
					 shall be superseded by the specific rule of practice and procedure of the other
					 chapter. The board shall refer to Robert's Rules of Order for guidance on
					 procedural matters not addressed in the corporation's rules or in
					 law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-6 - Agenda

Current through June, 2024
The executive director shall prepare the agenda for the
					 meetings of the board, as directed by the chairperson.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-7 - Notice

Current through June, 2024
Notice of the meetings of the board shall satisfy the
					 requirements of section
					 92-7,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-8 - Minutes

Current through June, 2024
The corporation shall maintain written minutes in
					 compliance with section
					 92-9,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-9 - Quorum and number of votes necessary for action

Current through June, 2024
Five directors of the board shall constitute a quorum and
					 the affirmative vote of at least five directors shall determine any
					 action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-10 - Submittal and filing of documents

Current through June, 2024
(a) All documents
				  and requests to the corporation of every nature shall be in writing addressed
				  to the executive director, the board, or the chairperson, as may be appropriate
				  under the circumstances, and transmitted to the corporation within the time
				  limits prescribed by law, rules, or by order of the corporation. The date of
				  filing shall be established by the corporation's time-date stamp on the
				  document.
(b) All documents filed
				  with the corporation shall be either written in dark ink, typewritten,
				  reproduced, or printed; shall be plainly legible, and shall be on strong,
				  durable paper no larger than
				  8-1/2" X 11"
				  in size, unless otherwise specified by the corporation, except that maps,
				  charts, tables, and other like documents may be larger, folded to the size of
				  the papers to which they are attached.
(1) All
				  documents filed by any person or agency in any proceeding shall state on the
				  first page thereof the name, mailing address and business telephone number, if
				  any, of the individual who may be served with any documents filed in the
				  proceeding;
(2) The original of
				  each document shall be signed in black ink by the party; and
(3) Reproduction may be by any process,
				  provided all copies are clear and permanently legible.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-11 - Extensions of time

Current through June, 2024
Unless otherwise provided in this chapter, whenever a
					 party is required to take action within a period of time prescribed or allowed
					 by applicable order, statute, or rule, the chairperson may:
(a) Approve a written stipulation signed by
				  all parties extending such time period; or
(b) Extend such time period upon written
				  request of the party requesting the extension for good cause shown.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-12 - Amendment of documents

Current through June, 2024
If any document filed with the corporation is not in
					 substantial conformity with applicable rules of the corporation, the
					 corporation may accept and file such documents and may request the filing of an
					 amended document in conformance with the applicable rules. The mere fact of
					 filing shall not waive any failure to comply with these rules, or any other
					 legal requirement. If an amended document is requested by the corporation, the
					 amended document shall be effective, as of the date the corporation receives
					 it.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-13 - Retention of documents

Current through June, 2024
The corporation shall retain all documents filed with the
					 corporation in its files. The executive director may permit the withdrawal of
					 original documents upon submission of properly authenticated copies to replace
					 the original documents.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-14 - Access to corporation records

Current through June, 2024
(a) All government
				  records of the corporation shall be open for inspection in the principal office
				  of the corporation during established business hours, unless access to such
				  records is restricted or closed by law.
(b) A request for access to or copies of
				  government records shall be made in writing to the executive director and shall
				  include a clear and concise description of the records sought. All such
				  requests must be signed by the requesting party or the party's authorized
				  representative.
(c) The corporation
				  shall not be required to prepare a compilation or summary of its records in
				  response to a request for records.
(d) Copies of the government records shall be
				  available in accordance with subsection (b), and payment of the reasonable
				  costs of reproduction set forth in section
				  92-21,
				  HRS, and the fee for searching, reviewing, or segregating the records as set
				  forth by the office of information practices, in chapter 5-43, Hawaii
				  Administrative Rules. Reasonable costs of reproduction shall include, but are
				  not limited to, actual time for reproduction, material costs, including
				  electricity cost, equipment and equipment rental costs, costs for
				  certification, and labor costs for monitoring the public inspection of the
				  records to prevent theft, loss, defacement, or alteration of the records.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-15 - Limitation on access to corporation records

Current through June, 2024
Access to corporation records is subject to the
					 limitations set forth in section
					 92F-13,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-16 - Authentication of corporation's documents

Current through June, 2024
The executive director is authorized to certify as to the
					 authenticity of documents on file in the offices of the
					 corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-17 - Inclusion on agenda

Current through June, 2024
(a) Requests from
				  members of the public to be included on the agenda of a board meeting shall be
				  in writing and must be received by the executive director at least twenty
				  calendar days before the scheduled board meeting. The request shall be
				  summarized, and shall include the action being requested by the
				  board.
(b) The name of the
				  requesting party shall be placed on the agenda for the next scheduled board
				  meeting except when the chairperson determines that the volume or substance of
				  the items scheduled for the next meeting or the location thereof warrant the
				  placement of the requesting party's name on the agenda of a, subsequent board
				  meeting.
(c) The corporation shall
				  maintain a list of all names and addresses of persons who have requested, in
				  writing, notification of the board's meetings. The list shall be updated
				  annually.
(d) Written requests to
				  the board requiring a response shall be accompanied by a stamped,
				  self-addressed envelope.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 15-300-18 - Limitations on testimony before the board

Current through June, 2024
(a) The board may
				  limit the length of each person's oral testimony to three minutes.
(b) The board shall only accept oral
				  testimony related to items on the agenda for the meeting at which the testimony
				  is offered.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-21 - General rule

Current through June, 2024
All persons and parties shall comply with these rules of
					 practice and procedure when appearing before the board. The board may waive,
					 modify, or suspend any of the provisions of this chapter to the extent
					 permitted by law. All persons and parties shall have a reasonable opportunity
					 to present evidence and argument on all the issues involved.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-22 - Appearances before the board

Current through June, 2024
(a) A party to a
				  proceeding before the board may appear in person or through an authorized
				  representative if the party is an individual; through an authorized
				  representative if the party is a partnership, corporation, trust or
				  association; or through an officer or employee if the party is a State agency
				  or political subdivision of the State.
(b) The board may at any time require an
				  authorized representative of a party to demonstrate or prove that he or she has
				  the authority to act in such capacity.
(c) An appearance before the board may be
				  made by speaker telephone or other electronic means, with the approval of the
				  chairperson.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-23 - Disqualification of member of board or hearings officer

Current through June, 2024
No matter shall be heard by a member of the board or by a
					 hearings officer who:
(a) Has any
				  pecuniary interest in the matter being heard; or
(b) Is related within the third degree by
				  blood or marriage to any party to the proceeding.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-24 - Board proceedings, generally

Current through June, 2024
The following shall apply to proceedings before the board
					 under subchapter 3, contested cases, and subchapter 4, declaratory
					 relief:
(1) Unless otherwise provided
				  in this chapter, all documents, as required by these rules, including memoranda
				  and other documents requested by the board, shall be filed with the corporation
				  prior to the date of the proceeding;
(2) The board, at the written request of a
				  party to the proceeding, shall have the power to issue subpoenas as provided
				  under law, requiring the attendance of witnesses or the production of documents
				  at the hearing. The party requesting the issuance of a subpoena shall identify
				  with particularity the person or documents to be subpoenaed. Witnesses so
				  summoned shall be paid the same fees as are paid witnesses in the courts in the
				  State of Hawaii and such fees, including mileage, shall be paid by the party
				  who requests the issuance of the subpoena. The board may require deposit of
				  such fees by the requesting party before the issuance of the subpoena. The
				  board may deny or modify the issuance of the subpoena, if it is unreasonable or
				  oppressive or fails to comply with the requirements under law;
(3) Witnesses shall be placed under oath
				  prior to testifying;
(4) The
				  proceeding shall be recorded, but it shall not be necessary to transcribe the
				  record unless requested by the party. The proceedings shall be tape recorded
				  unless a party requests the services of a court reporter to record the
				  proceeding verbatim. In the event a court reporter is requested, the secretary
				  to the board shall be given notice thereof at least seven calendar days prior
				  to the commencement of the proceeding. The cost of the transcriptions of the
				  proceedings shall be borne by the requesting party;
(5) A party may submit written requests to
				  the board regarding a matter pending before the board prior to the commencement
				  of the proceeding. The chairperson may, but shall not be required to, issue a
				  ruling on the request prior to the commencement of the proceeding;
(6) Rules of evidence as stated in section
				  91-10,
				  HRS, shall apply;
(7) An offer of
				  proof for the record shall consist of a statement of the substance of the
				  evidence to which objection has been sustained;
(8) Documents offered in evidence shall be
				  accepted upon ruling of the chairperson;
(9) Proposed findings of fact, conclusions of
				  law, decisions and orders shall not be accepted unless submitted no later than
				  seven business days after the day the proceedings were concluded, or such other
				  time as may be established by the board or hearings officer; and
(10) Appeal of a decision may be made to the
				  circuit court, as provided by law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-25 - Board's decision

Current through June, 2024
With respect to proceedings before the board under
					 subchapter 3, contested cases, subchapter 4, declaratory relief, and for
					 reconsideration, all final orders, rulings, decisions or actions entered by the
					 board shall be filed with the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-26 - Request for reconsideration of board's decision

Current through June, 2024
(a) Any
				  request for reconsideration of an order, ruling, decision, or action of the
				  board shall be made in writing and shall be filed with the corporation within
				  ten days of the order, ruling, decision, or action. The request shall state the
				  grounds for the request for reconsideration and may be summarily denied if it
				  appears from the request that there is no new, relevant evidence on the matter
				  to present to the board.
(b) Upon
				  receipt of the request, the chairperson shall:
(1) Assign the request for reconsideration
				  for further proceedings either before the board or before a hearings officer;
				  or
(2) Deny the request on the
				  ground that no new, relevant evidence exists to support the request for
				  reconsideration.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-27 - Limitation of time; appeal to circuit court

Current through June, 2024
Appeal of the corporation's final order, ruling, decision,
					 or action may be made to the circuit court as provided by
					 law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-28 - Failure to appear

Current through June, 2024
If any party fails to appear at the scheduled proceeding
					 without good cause, the board may proceed in the absence of the party and may
					 issue any decision or order it deems just and equitable under the
					 circumstances, including dismissal of the party's claim for relief and
					 reimbursement of costs, if such has been incurred.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 15-300-29 - Procedure before a hearings officer; transmittal to board

Current through June, 2024
(a) Upon conclusion of the proceedings before
				  the hearings officer and following the timely submittal of proposed findings of
				  fact, conclusions of law, and decision and order, the hearings officer shall
				  prepare a recommended decision in the matter for the board.
(b) If the recommended decision is adverse to
				  any party to the proceeding other than the corporation, the recommended
				  decision shall contain a statement of the reasons therefor and shall include a
				  determination of each issue of fact or law necessary to the recommended
				  decision and it shall be served upon all parties. Any party adversely affected
				  by the recommended decision may file exceptions thereto and may submit written
				  argument in support of the exceptions to the board, provided that the
				  exceptions and argument shall be filed within ten days of the service of the
				  recommended decision, or within such other time as may be designated by the
				  hearings officer.
(c) Following the
				  expiration of the time specified in subsection (b), or if not applicable,
				  following preparation of the recommended decision, the hearings officer shall
				  transmit the entire record to the board for action together with the
				  recommended decision, any timely filed exceptions thereto, and any timely
				  submitted written arguments in support of the exceptions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-41 - Contested cases; applicability

Current through June, 2024
The right to a contested case hearing shall exist where
					 provided for by administrative rule of the corporation or where required by
					 law. The right to hearing shall only be afforded to the person affected by the
					 action or decision of the corporation, unless otherwise provided by rule of the
					 corporation or by law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-42 - Commencement of case

Current through June, 2024
A contested case shall commence by the filing of a
					 petition for a permitted relief with the board. Unless otherwise provided by
					 rule of the corporation or by law, the petition shall be filed within thirty
					 days of the action or decision of the corporation for which contested case
					 hearing is sought. Upon the filing of a petition, the corporation shall docket
					 the petition and assign a docket number to the petition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-43 - Contents of petition

Current through June, 2024
(a) The petition
				  shall state the following:
(1) Name, address,
				  telephone number of the petitioner and the petitioner's legal counsel, if any,
				  which shall be updated by the petitioner at all times;
(2) A brief and concise factual statement of
				  the petitioner's claim;
(3) The law
				  or rule involved;
(4) The names of
				  all respondents or identities against whom the petition is brought;
				  and
(5) A brief statement of the
				  relief sought by the petitioner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-44 - Action by board

Current through June, 2024
Upon the filing of the petition, the chairperson shall
					 assign the petition for further proceedings before the board or assign the
					 matter to a hearings officer and afford all parties in the matter an
					 opportunity for hearing after reasonable notice.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-46 - Response

Current through June, 2024
Each respondent may file a written response to the
					 petition with the board or hearings officer if the case has been assigned to
					 one. The response shall state briefly a counterstatement of the facts,
					 circumstances, law, rules, or reasons in defense thereof, and shall
					 specifically admit or deny the allegations of the petition. The response shall
					 be filed at least five working days prior to the hearing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-47 - Notice

Current through June, 2024
The board or hearings officer shall, as soon as possible,
					 provide notice pursuant to section
					 91-9.5,
					 HRS, to all parties of the scheduled hearing in such form and manner as
					 provided by law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-48 - Burden of proof; evidence

Current through June, 2024
Except as otherwise provided by law, the party initiating
					 the proceeding shall have the burden of proof, including the burden of
					 producing evidence as well as the burden of persuasion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-49 - Procedure at hearing

Current through June, 2024
Unless otherwise stipulated by the parties, which
					 stipulation is approved by the board or the hearings officer, all hearings
					 shall proceed as follows:
(1) The
				  parties shall have the opportunity to make opening statements before any
				  evidence is presented, unless they waive the opportunity. The opening statement
				  shall be heard in the following order:
(A)
				  Petitioner's opening statement; and
(B) Respondent's opening statement, unless
				  respondent chooses to reserve the opening statement until after-presentation of
				  petitioner's evidence;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-50 - Proposed findings of fact and conclusions of law

Current through June, 2024
Proposed findings of fact, conclusions of law, decisions,
					 and orders shall be prepared by the prevailing party, filed with the board no
					 later than seven business days after the day the proceedings were concluded, or
					 such other time as may be established by the board or hearings officer, and
					 delivered or mailed within a reasonable time to each party or to the party's
					 authorized representative.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-51 - Board's final decisions, orders, findings of fact, and conclusions of law

Current through June, 2024
(a) The board shall issue its final decision
				  and order together with findings of fact and conclusions of law. The findings
				  of fact, conclusions of law, and final decisions and orders shall be based upon
				  the whole record and shall be supported by reliable, probative and substantial
				  evidence, including facts of which the board properly took judicial
				  notice.
(b) If the proceedings were
				  held before a hearings officer and exceptions were filed to the recommended
				  decision, the board shall afford the parties an opportunity for oral argument
				  before the board as to the exceptions, prior to the board's adoption of a
				  decision and order and findings of fact and conclusions of law.
(c) If any party has timely filed proposed
				  findings of fact, the board shall incorporate in its decision a ruling upon
				  each proposed finding so presented, provided that a separate ruling on each
				  proposed finding shall not be required.
(d) The board shall cause to have a certified
				  copy of the decision and order and accompanying findings and conclusions,
				  delivered or mailed within a reasonable time after their adoption by the board,
				  to each party or the party's authorized representative.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 15-300-52 - Procedure before a hearings officer; transmittal to board

Current through June, 2024
(a) Upon conclusion of the proceedings before
				  the hearings officer and following the timely submittal of proposed findings of
				  fact, conclusions of law, and decision and order, the hearings officer shall
				  prepare a recommended decision in the matter for the board.
(b) If the' recommended decision is adverse
				  to any party to the proceeding other than the corporation, the recommended
				  decision shall contain a statement of the reasons therefor and shall include a
				  determination of each issue of fact or law necessary to the recommended
				  decision and it shall be served upon all parties. Any party adversely affected
				  by the recommended decision may file exceptions thereto and may submit written
				  argument in support of the exceptions to the board, provided that the
				  exceptions and argument shall be filed within ten days of the service of the
				  recommended decision, or within such other time as may be designated by the
				  hearings officer.
(c) Following the
				  expiration of the time specified in subsection (b), or if not applicable,
				  following preparation of the recommended decision, the hearings officer shall
				  transmit the entire record to the board for action together with the
				  recommended decision, any timely filed exceptions thereto, and any timely
				  submitted written arguments in support of the exceptions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-71 - General provisions; contents of petition for declaratory relief

Current through June, 2024
Any interested person may petition the board for a
					 declaratory ruling as to the applicability of any statutory provision or of any
					 rule or order. Each petition shall state concisely and with particularity the
					 facts giving rise to the petition, including the petitioner's interest, reasons
					 for filing the petition, and the names of any potential respondents, the
					 provision or rule in question, the issues raised, and petitioner' s position or
					 contentions with respect thereto.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-72 - Memorandum of authorities in support of petition

Current through June, 2024
Petitioner shall also file a memorandum of authorities
					 together with any petition for declaratory relief at the time the petition is
					 filed. The memorandum of authorities in support of the petition shall contain a
					 full discussion of the reasons, including legal authorities. supportive of the
					 petitioner's position.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-73 - Notice of argument

Current through June, 2024
All parties shall be given written notice of the hearing
					 of argument at least fifteen days before the time of the argument. The notice
					 shall include:
(1) The date, time,
				  place, and nature of the argument;
(2) The legal authority under which the
				  argument is to be heard;
(3)
				  Particular sections of the statutes and rules involved; and
(4) A short and concise statement of issues
				  involved, the basic facts giving rise to the petition. The notice shall further
				  apprise each party of their right to retain legal counsel if so
				  desired.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-74 - Argument

Current through June, 2024
Upon the filing of the petition, the chairperson shall
					 assign the petition for argument and further proceedings to either the board or
					 a hearings officer. All parties shall be afforded full opportunity to present
					 argument on all issues involved. The argument shall be at the time and place
					 set forth in the notice of argument but at that time and place may be continued
					 from day to day and adjourned to a later day or to a different place without
					 notice other than the announcement thereof at the hearing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-76 - Proposed findings of fact and conclusions of law

Current through June, 2024
The prevailing party shall file proposed findings of fact,
					 conclusions of law, decisions, and orders with the board no later than seven
					 business days after the day the proceedings were concluded, or such other time
					 as may be-established by the board or hearings officer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-77 - Board's final decisions, orders, findings of fact, and conclusions of law

Current through June, 2024
(a) The board shall issue its final decision
				  and order together with findings of fact and conclusions of law. The findings
				  of fact, conclusions of law, final decisions, and orders shall be based upon
				  the whole record or such portions thereof as may be cited by the parties, and
				  shall be supported by reliable, probative and substantial evidence, including
				  facts on which the board properly took judicial notice.
(b) If the proceedings were held before a
				  hearings officer and exceptions were filed to the recommended decision, the
				  board shall afford the parties oral argument as to the exceptions, prior to the
				  board's adoption of a decision and order and findings of fact and conclusions
				  of law.
(c) If any party has timely
				  filed proposed findings of fact, the board shall incorporate in its decision a
				  ruling upon each proposed finding so presented, provided that a separate ruling
				  on each proposed finding shall not be required.
(d) The board shall cause to have a certified
				  copy of the decision and order and accompanying findings and conclusions,
				  delivered or mailed within a reasonable time after their adoption by the board,
				  to each party or to the party's authorized representative.