reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-25 - Acceptance of petition

Current through June, 2024
If the board determines that the petition is in order and
					 that it discloses sufficient reasons in support of the proposed rulemaking to
					 justify the conduct of rulemaking proceedings, the procedures to be followed
					 shall be as set forth in this chapter and applicable
					 statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-26 - Notice of rulemaking

Current through June, 2024
Whenever pursuant to a petition or upon its own motion the
					 board proposes to adopt, amend, or repeal a rule, a notice of proposed
					 rulemaking shall be published in accordance with sections
					 91-3,
					 91-6,
					 and
					 92-41,
					 HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-27 - Conduct of rulemaking hearings

Current through June, 2024
(a) Each hearing
				  shall be held before the board or presided over by a hearing officer.
(b) The board or hearing officer shall be
				  authorized to take all actions necessary for the orderly conduct of the
				  hearing.
(c) Each hearing shall be
				  held at the time and place set in the notice of hearing, but may be continued
				  by the board or hearing officer from day to day or adjourned to a later date or
				  to a different place without notice other than an announcement at the
				  hearing.
(d) The hearing shall be
				  conducted in such a way as to afford interested persons a reasonable
				  opportunity to offer evidence on the matters specified in the notice of hearing
				  and to obtain a clear and orderly record. However, in order to avoid
				  unnecessary, cumulative evidence, the board or hearing officer may limit the
				  number of witnesses or the time allowed for testimony.
(e) At the commencement of the hearing, the
				  notice of hearing shall be read and the procedure to be followed shall be
				  outlined briefly. Evidence shall then be received with respect to the matters
				  specified in the notice of hearing in such order as the board or hearing
				  officer prescribes.
(f) All
				  interested persons and agencies shall be afforded an opportunity to submit
				  orally or in writing data, views, or arguments that are relevant to the matters
				  specified in the notice of hearing. The board or hearing officer may require
				  the filing of an original and eight copies of all written comments,
				  recommendations, or replies.
(g)
				  Before proceeding to testify, all interested persons shall:
(1) State their name, address, and whom they
				  represent; and
(2) Give any
				  information respecting their appearance as the board or hearing officer may
				  request.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-28 - Recommendation; submissions; board decision

Current through June, 2024
(a) At the close of
				  a public hearing presided over by a hearing officer, the hearing officer shall
				  announce either:
(1) What recommendation will
				  be made to the board on the proposed adoption, amendment or repeal;
				  or
(2) The date by which such
				  recommendation will be made.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-29 - Board action

Current through June, 2024
(a) In rulemaking
				  proceedings before the board, the board shall take final action either at the
				  close of the public hearing or on the date previously announced for decision
				  making.
(b) In rulemaking
				  proceedings presided over by a hearing officer, the board shall take final
				  action within forty-five calendar days after the filing of the hearing
				  officer's recommendation.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-30 - Emergency rulemaking

Current through June, 2024
The board may adopt emergency rules in accordance with
					 section
					 91-3(b)
					 and
					 91-4(b)(2),
					 HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - APPLICATION FOR ISSUANCE OR RENEWAL OF LICENSE, PERMIT, OR CERTIFICATE › Section 4-1-31 - Forms and instructions

Current through June, 2024
An application for the issuance or renewal of a license,
					 permit, or certificate shall be filed with the board. Application shall be made
					 by completing a form furnished by the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - APPLICATION FOR ISSUANCE OR RENEWAL OF LICENSE, PERMIT, OR CERTIFICATE › Section 4-1-32 - Denial of application

Current through June, 2024
In the event an application for the issuance or renewal of
					 a license, permit, or certificate is denied, the chairperson or the
					 chairperson's designated representative shall promptly notify the applicant of
					 the board's action by letter which shall include a concise statement of the
					 reasons therefor and of the applicant's right to a hearing if the applicant so
					 desires.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - APPLICATION FOR ISSUANCE OR RENEWAL OF LICENSE, PERMIT, OR CERTIFICATE › Section 4-1-33 - Request for hearing

Current through June, 2024
Any person whose application for the issuance or renewal of
					 a license, permit, or certificate has been denied by the board, shall be
					 entitled to a hearing after notice, provided that a request for a hearing is
					 filed with the board within thirty days of the date of mailing of the letter
					 informing the applicant of the denial of the application.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - APPLICATION FOR ISSUANCE OR RENEWAL OF LICENSE, PERMIT, OR CERTIFICATE › Section 4-1-34 - Proceedings upon request for hearing

Current through June, 2024
If a request for hearing is filed within the time
					 prescribed, the board shall order a hearing upon reasonable notice, which shall
					 be conducted in accordance with subchapter
					 5 and all applicable laws on contested
					 cases.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-35 - Initiation of contested case

Current through June, 2024
(a) A contested
				  case is initiated with the filing of
(1) A
				  request for a contested case hearing;
(2) A citation issued by the
				  department;
(3) A complaint;
				  or
(4) An order to show cause
				  issued by the board.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-36 - Request for contested case hearing

Current through June, 2024
(a) A hearing on a
				  contested matter may be requested by the board on its own motion, by any
				  government agency upon filing of a written petition, or by any person aggrieved
				  by a decision or ruling of the board or against whom a citation has been issued
				  by department employees for a violation of state law or rule.
(b) A person aggrieved by a decision or
				  ruling of the board shall file a request for hearing within ten calendar days
				  after mailing of written notice of board action.
(c) A cited person desiring a hearing shall
				  file a request for hearing within twenty days after mailing of the citation,
				  notice of violation, or similar document.
(d) A request for hearing filed after the
				  expiration of the time limits set forth in subsections (b) and (c) shall be
				  deemed untimely, and the board need not grant such a request.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-37 - Filing of complaint

Current through June, 2024
(a) Any person or
				  agency of the State or its political subdivisions, or any officer thereof, may
				  file a complaint against a person holding a license, permit, or certificate
				  issued by the board charging a violation of any law over which the board has
				  jurisdiction or of any rule of the board.
(b) The complaint shall be in writing, signed
				  by the complainant, and shall contain:
(1) A
				  short and simple statement of the facts constituting the alleged
				  violation;
(2) The name and address
				  of the complainant; and
(3) The
				  name and address of the respondent.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-38 - Order to show cause

Current through June, 2024
(a) Whenever the
				  board has reason to believe that a law over which it has jurisdiction or one of
				  its rules has been violated by a person holding a license, permit, or
				  certificate issued by the board, the board shall issue and serve upon that
				  person an order to show cause.
(b)
				  The order shall set forth the particular sections of the law or rule involved,
				  and the nature of the alleged violation or subject matter of inquiry.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-39 - Notice of hearing

Current through June, 2024
Upon filing of a petition or request for hearing under
					 section 4-1-36, board determination that a
					 contested case hearing is required under section
					 4-1-37(e), or
					 service of an order to show cause under section
					 4-1-38, a written notice of hearing
					 shall be served on the parties in accordance with section
					 91-9.5,
					 HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-40 - Prehearing conferences; briefs

Current through June, 2024
(a) The board or
				  hearing officer may hold pre-hearing conferences with the parties for the
				  purpose of;
(1) Formulating, simplifying, or
				  narrowing the issues;
(2) Arranging
				  for the exchange of proposed exhibits or proposed written testimony, the
				  setting of schedules, the exchange of names of witnesses, and the limitation of
				  the number of witnesses; and
(3)
				  Such other matters as may expedite the orderly conduct and disposition of the
				  proceedings.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-42 - Recommended decision; exceptions

Current through June, 2024
(a) The hearing
				  officer's recommended decision shall be filed as soon as practicable and not
				  later than thirty calendar days after the close of the reception of
				  evidence.
(b) The hearing officer's
				  recommended decision shall become a part of the record and include separate
				  findings of fact and conclusions of law as well as reasons therefor. The
				  findings and conclusions shall be based upon the whole record and supported by
				  reliable, probative, and substantial evidence, including facts of which the
				  hearing officer may have taken official notice.
(c) If any party to the proceeding has filed
				  proposed findings, the hearing officer shall incorporate in the recommended
				  decision a ruling upon each proposed finding.
(d) A copy of the hearing officer's
				  recommended decision shall be served upon each party or the party's counsel of
				  record.
(e) Within ten calendar
				  days after receipt of a copy of the hearing officer's recommended decision, any
				  party may file with the board exceptions to any part thereof and request review
				  by the board. Each exception shall specify the portions of the record and the
				  authorities relied on to sustain each point. A copy of the exceptions and
				  request for review shall be served upon each party or the party's counsel of
				  record.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-43 - Board action

Current through June, 2024
(a) Before taking
				  final action in a contested case, the board, on its own motion, may order
				  further proceedings to be held.
(b)
				  In taking final action, the board shall consider the recommended decision of
				  the hearing officer and all relevant evidence introduced in conjunction with
				  the case.
(c) If timely exceptions
				  and requests for review have been filed by a party adversely affected by the
				  recommended decision, the board shall allow the party an opportunity to present
				  argument and shall consider the whole record or such portions as may be cited
				  by the party.
(d) The board shall
				  take final action within forty-five calendar days:
(1) After filing of the recommended decision
				  of the hearing officer if no timely exceptions and requests for review have
				  been filed; or
(2) After the
				  conclusion of further proceedings as provided in subsection (a) or review as
				  provided in subsection (c).
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-44 - Informal disposition; offers of settlement; satisfaction of complaint

Current through June, 2024
(a) The complainant, respondent, counsel for
				  the board, and any other party to the proceedings may meet at any time prior to
				  or during hearings for the purpose of informal disposition of the
				  proceedings.
(b) Unaccepted
				  proposals or offers of settlement shall not be admissible in
				  evidence.
(c) If a respondent
				  satisfies a complaint either before or after the commencement of a hearing, a
				  statement setting forth when and how the complaint has been satisfied shall be:
(1) Signed and verified by each
				  party;
(2) Filed with the board;
				  and
(3) Served upon all parties of
				  record. Satisfied complaints may be dismissed at the discretion of the
				  board.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-45 - Service of papers

Current through June, 2024
(a) The board or
				  hearing officer shall serve all orders, notices, and other papers issued by the
				  board or hearing officer, together with any other papers which the board or
				  hearing officer is required by law to serve. All other papers shall be served
				  by the party filing them.
(b) All
				  papers, including notice of final board action, shall be served:
(1) On all counsel of record at the time of
				  filing;
(2) Upon parties not
				  represented by counsel; or
(3) Upon
				  agents designated by parties or by law.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-46 - Depositions

Current through June, 2024
(a) Upon application of a party to any
				  proceeding, the board or hearing officer, at any time after the filing of a
				  complaint, may order the taking of testimony by oral deposition or by
				  deposition upon written interrogatories.
(b) Any party desiring to take the deposition
				  of a witness shall make application in writing to the board or the hearing
				  officer giving reasons why a deposition should be taken, together with the
				  following:
(1) The character of the
				  deposition;
(2) The time and place
				  the deposition is to be taken;
(3)
				  The name and address of the person before whom the deposition will be
				  taken;
(4) The name and address of
				  each witness; and
(5) The subject
				  matter upon which a witness is expected to testify.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-47 - Subpoenas

Current through June, 2024
(a) The issuance of subpoenas by the board
				  shall be in accordance with section
				  92-16,
				  HRS.
(b) Application for subpoenas
				  for the production of documentary evidence shall be made in writing to the
				  board or to the hearing officer. The application shall be reasonable in scope
				  and specify as exactly as possible the documents desired, showing their general
				  relevancy.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-48 - Ex parte communications

Current through June, 2024
(a) No party or
				  other person representing or on behalf of a party shall communicate privately
				  on the merits of a case to any member of the board, the department staff, or
				  the hearing officer designated to hear and decide a matter.
(b) The following types of ex parte
				  communications are permitted:
(1) Requests for
				  information as to the status of a proceeding; and
(2) Those which all parties to the contested
				  case have agreed upon or which the board or hearing officer has formally ruled
				  may be made on an ex parte basis.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - DECLARATORY RULINGS › Section 4-1-50 - Petition for declaratory ruling

Current through June, 2024
(a) On 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.
				  Petitions for the issuance of a declaratory order shall:
(1) State clearly and concisely the
				  controversy of uncertainty;
(2)
				  Cite the statutory authority involved;
(3) Include a complete statement of the facts
				  and the reasons or grounds prompting the petition, together with full
				  disclosure of the petitioner's interest; and
(4) Conform to the requirements of section
				  4-1-12.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - SEVERABILITY › Section 4-1-51 - Severability

Current through June, 2024
This chapter shall be deemed to be severable, and in the
					 event a section of this chapter is determined to be invalid, such invalidity
					 shall affect that section only and not invalidate this chapter in its
					 entirety.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 8 - REPEAL › Section 4-1-52 - Repeal

Current through June, 2024
All rules and regulations adopted by the board in effect on
					 July 1, 1980, and subsequently not converted to the Hawaii Administrative Rules
					 format in accordance with section
					 91-4.2
					 and
					 91-5, HRS,
					 are repealed.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-1 - Definitions

Current through June, 2024
As used in this chapter:
"Board" means the board of agriculture of the department of
					 agriculture.
"Chairperson" means the chairperson of the board of
					 agriculture.
"Consolidation" means to reorganize the financing of two or
					 more debts.
"Department" means the department of agriculture.
"Division" means the agricultural loan division of the
					 department of agriculture.
"Division head" means the agricultural loan division
					 head.
"Extension" means extending the time within which the
					 installments of principal may be paid.
"Extra payment" means that portion of total prepayments
					 made during the course of the loan through liquidation or sale of secured
					 assets.
"Loan officer" means the agricultural loan division
					 officer.
"Refinancing" means to renew or reorganize the financing of
					 a debt.
"Refund" means that portion of loan funds which was
					 deposited into a supervised checking account and returned to the State.
"Workout" means a plan to solve a delinquent or problem
					 loan.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-2 - Administration of agricultural loan program

Current through June, 2024
Responsibility for administration of the agricultural loan
					 program shall be placed within the agricultural loan
					 division.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-3 - Qualified farmer applicants

Current through June, 2024
(a) Qualified
				  farmer applicants shall have two or more years of experience in operating the
				  applicant's own farm, of which most of the time shall have been spent on
				  farming or most of the income shall have been derived from farming.
(b) The qualified farmer applicant's ability
				  to repay the loan shall be based substantially on the operating results of the
				  applicant's prior farming experience.
(c) Qualified farmer applicants shall provide
				  satisfactory proof of farming, including but not limited to, tax returns and
				  general excise tax license.
(d)
				  Qualified farmer applicants shall authorize the department in writing to
				  confirm the applicant's qualifications and any other information.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-4 - New farmer applicants

Current through June, 2024
(a) When a new
				  farmer applicant's qualifications are based on farming experience, the
				  experience shall be relevant and contribute significantly towards the new
				  farmer loan project.
(b) New farmer
				  applicants shall provide satisfactory proof of qualifications, including but
				  not limited to, a diploma, college transcripts, and general excise tax
				  license.
(c) New farmer applicants
				  shall authorize the department in writing to confirm the applicant's
				  qualifications and any other information.
(d) The new farmer applicant's equity
				  contribution towards the cost of the project may be by means other than cash.
				  Non cash equity contribution shall be reasonably valued and contribute
				  significantly towards the project requirement as determined by the division. In
				  accepting cash from loans as equity contribution, these loans shall be placed
				  on standby and repayment shall require the approval of the
				  department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-5 - Sound credit risk

Current through June, 2024
To be eligible for a loan, the applicant shall be a sound
					 credit risk with the ability to repay the money borrowed, as determined by the
					 department. The department's determination may be based on projections of
					 income and expense with reasonable assumptions submitted by the applicant.
					 Income from the applicant's farming activities shall be the sole criterion for
					 the department's determination of the applicant's ability to repay the money
					 borrowed.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-6 - Application for loans

Current through June, 2024
(a) The applicant
				  for a loan shall file an application with the department at any of the
				  following locations:
(1) Agricultural Loan
				  Division State Department of Agriculture 1428 South King Street Honolulu,
				  Hawaii 96814 (Mailing address: P.O. Box 22159, Honolulu, Hawaii
				  96822)
(2) Agricultural Loan
				  Division Department of Agriculture P.O. Box 226 Captain Cook, Hawaii
				  96704
(3) Agricultural Loan
				  Division State Department of Agriculture 16E Lanikaula Street Hilo, Hawaii
				  96720
(4) Agricultural Loan
				  Division State Department of Agriculture P.O. Box 700 Wailuku, Maui, Hawaii
				  96793
(5) Department of Agriculture
				  P. O. Box 1671 Lihue, Kauai, Hawaii 96766
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-7 - Filing fee

Current through June, 2024
The department does not charge a filing fee for any
					 application. However, the applicant shall pay for any actual expenses incurred,
					 as provided in section
					 4-8-18.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-8 - Letters of decline

Current through June, 2024
(a) The division
				  requires that each direct loan application shall include letters of decline as
				  follows:
(1) The applicant's bank of account
				  (private lender);
(2) One other
				  private lender;
(3) Federal Land
				  Bank Association of Hawaii for classes "A" and "B" loans and for classes "D"
				  and "F" loans where loans are primarily for class "A" purposes;
(4) Hawaii Production Credit Association for
				  class "C" loans and for classes "D" and "F" loans where loans are primarily for
				  class "C" purposes;
(5) Sacramento
				  Bank for Cooperatives or their authorized representative for class "E" loans;
				  and
(6) Farmers Home Administration
				  of the United States Department of Agriculture.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-9 - Restrictions on loan purpose

Current through June, 2024
(a) The applicant's
				  reasons for requesting the loan shall be relevant to encouraging the growth,
				  development, and well being of agriculture in the state.
(b) Loan funds for vehicle purchase may be
				  provided by the department, but only for vehicles which are clearly suitable
				  for agricultural purposes, such as trucks, pickup and panel trucks, jeeps and
				  other multi-purpose vehicles. Loan funds for vehicle purchase shall not be
				  provided for passenger cars.
(c)
				  Loan funds shall not be provided by the department if funds are to be used in
				  any way for the production or keeping of:
(1)
				  Any animal that will be sold, kept, or used for fighting or baiting as defined
				  and prohibited under section
				  711-1109,
				  Hawaii Revised Statutes;
(2) Any
				  animal that will be sold, kept, or used as a pet, including but not limited to,
				  a dog, cat, canary, parakeet, or any other animal life not used as work stock
				  or for agricultural production; or
(3) Any plants whose possession, use, or
				  products are prohibited by law.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-10 - Restrictions on participating loans

Current through June, 2024
(a) Except where
				  there is an unusual danger of natural catastrophe or economic hardship, the
				  State's share of a loan in participation with a private lender shall not exceed
				  seventy-five per cent of the principal amount of the loan made to a qualified
				  farmer. The State's share of a participating loan may be the legal maximum of
				  ninety per cent when the loan applicant operates in a danger area (such as the
				  Punarift zone) or when the major portion of the borrower's income is from a
				  commodity affected by prolonged or severe economic difficulties such as
				  depressed prices, disease, weather, or other circumstances of fairly wide
				  impact on the commodity group. Ninety per cent participation shall be for class
				  "C" and "D" loans only, since it is not the intent of the department to
				  encourage permanent expansion in danger areas or uneconomic commodity
				  groups.
(b) Out of the interest
				  collected, the department shall pay the participating private lender a service
				  fee as follows:
Private Lender's Share of
								Loan
Allowable Service Fee
29% or less participation
1/2 of 1% on the
								State's unpaid principal balance.
30% to 39% participation
3/4 of 1% on the
								State's unpaid principal balance.
40% or more participation
1% on the State's
								unpaid principal balance.
(c) Where all or any portion of a
				  participating loan is to be used to refinance existing loans from participating
				  lenders, the State's share of the amount to be refinanced shall not exceed
				  fifty per cent. In a situation where it is in the best interest of the State as
				  determined by the department, the chairperson may waive this
				  restriction.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-11 - Repayment term of loan

Current through June, 2024
The department shall determine the repayment term of the
					 loan based on factors such as the loan's purpose, the useful life of the items
					 being financed, the applicant's repayment ability, and the financial condition
					 of the applicant.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-12 - Interest rates

Current through June, 2024
The date of loan approval by the chairperson or the board
					 of agriculture shall be used in determining the applicable interest rate for a
					 similar type loan made by the appropriate farm credit bank.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-13 - Collateral

Current through June, 2024
(a) Adequacy of collateral shall be
				  determined by the department. For purposes of land purchase and improvements,
				  the department shall require a real estate mortgage recordable at the bureau of
				  conveyances or the land court of the State of Hawaii. A non-farm recordable
				  real estate mortgage with adequate value may be substituted, at the
				  department's discretion. Chattels, using a security agreement and a financing
				  statement, shall be used as primary collateral for farm operating
				  loans.
(b) Where it is determined
				  by the department that there is adequate collateral but questionable repayment
				  history, limited life on security such as crops and livestock, or where the
				  borrower has outstanding loan from several sources, a third or fourth mortgage
				  may be taken as additional collateral to secure the loan. But in no event shall
				  a third or fourth mortgage be the primary collateral.
(c) The department may require an appraisal
				  for real estate and improvements. Whenever practicable, an independent
				  appraiser shall be utilized. The applicant shall be responsible for hiring an
				  independent appraiser at the applicant's own expense, and the applicant shall
				  pay for all costs incurred in the appraisal.
(d) Appraisals made by bank, farmers home
				  administration, and other mortgage lenders may be accepted.
(e) Loan officers may appraise chattels,
				  crops, and other assets.
(f) In the
				  event of a dispute, a second appraisal shall be required.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-14 - Equity contribution

Current through June, 2024
(a) The department
				  may require a reasonable cash contribution from an applicant to purchase
				  equipment or other capital items or to complete the project. The department may
				  modify the repayment term based on the amount of applicant's equity
				  contribution.
(b) Cash, real
				  property, farm equipment, crops, and other assets which contribute
				  significantly toward the project may be accepted as equity contribution. The
				  division shall determine whether non-cash equity contribution contributes
				  significantly toward the project.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-15 - Emergency loans

Current through June, 2024
The board may implement an emergency loan program under the
					 following circumstances:
(1) The
				  emergency shall involve significant economic loss of an agricultural commodity
				  or significant damage to agriculture in a county or an island;
(2) Loans are not available from any other
				  agency of the state, federal, or county governments, and private lenders are
				  unwilling to lend under emergency conditions; and
(3) The governor has proclaimed an
				  emergency.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-16 - Scope of emergency loans

Current through June, 2024
(a) An emergency
				  loan is intended to allow the applicant to continue farming at a level
				  comparable to the applicant's activities immediately prior to losses from the
				  emergency. Replacements for losses of facility and equipment must contribute
				  significantly to farming and shall be reasonably similar to damaged or loss
				  items.
(b) An emergency loan shall
				  not be provided to:
(1) Establish an
				  applicant in farming nor to expand substantially the operations of the
				  applicant carried on immediately prior to the emergency;
(2) Enable an applicant to reorganize farm or
				  ranching operations; or
(3) An
				  applicant not affected by the emergency.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-17 - Review, analysis, and recommendation

Current through June, 2024
(a) The applicant
				  shall be responsible for completing the application. Information shall be
				  current with necessary supporting documents or exhibits. The loan officer shall
				  inform the applicant of any deficiency.
If the applicant fails to complete the application within a
					 reasonable period of time, the incomplete application may be canceled by the
					 department. The applicant may submit a new application with completed
					 information.
(b) Each
				  application shall be subject to assessment of credit factors such as management
				  ability, credit history, repayment ability, financial position, adequacy of
				  security, and past performance. A loan recommended for approval by the loan
				  officer may include approval conditions, and shall be submitted to the division
				  head for review.
(c) The division
				  head shall review each application for compliance with this chapter and chapter
				  155, Hawaii Revised Statutes.
(d) A
				  loan application recommended for approval by the division head shall be
				  submitted to the chairperson for approval by the board only if there are funds
				  available. Should it become necessary because of a scarcity of funds to
				  restrict loan activities, the first priority shall be given to participating
				  loans.
(e) The board may approve or
				  disapprove a submitted application and may modify or add to its approval
				  conditions. The chairperson may approve or disapprove a submitted application
				  and may modify or add to its approval conditions, where the requested amount
				  plus any principal balance on existing loans to the applicant, does not exceed
				  $25,000 of State funds.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-18 - Loan closing

Current through June, 2024
(a) The applicant
				  whose loan has been approved shall be responsible for:
(1) Providing necessary documents, such as
				  assignment of insurance, and compliance with the loan approval
				  conditions;
(2) Providing the
				  department with a preliminary report and a certificate of title, lien letter,
				  or title insurance covering the real property being used as security showing
				  lien position as approved by the board. A title company or escrow company shall
				  be utilized, whenever applicable, and the applicant shall be responsible for
				  the costs;
(3) Hiring an attorney
				  at the applicant's own expense to draft the real estate mortgage (in fee or
				  leasehold) and other documents, as required. Mortgages shall be submitted to
				  the department of the attorney general for review and approval as to form;
				  and
(4) Paying for the actual costs
				  incurred in closing the loan, such as appraisals, lien searches, title
				  searches, document preparation, and any work in connection with the loan that
				  is outside the department's scope of activities.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 1 - LOAN APPLICATIONS › Section 4-8-19 - Disbursement of loan funds

Current through June, 2024
(a) Loan funds
				  shall be disbursed only after the lien instruments have been recorded at the
				  bureau on conveyances of the State of Hawaii.
(b) The request for funds shall be initiated
				  by the borrower and is subject to approval by the loan officer.
(c) Disbursements shall be made according to
				  approved loan purpose. The borrower may request single or multi-disbursements,
				  subject to approval by the loan officer.
(d) For multi-disbursements, loan funds shall
				  be disbursed through a supervised account opened at a bank or a savings and
				  loan institution. A deposit agreement shall be executed by the borrower, the
				  financial institution, and the State.
(e) When disbursement of loan funds involve
				  single or only a few payments that are easily acknowledgeable such as for
				  purchase of land or equipment, direct disbursement can be made to the escrow
				  company or vendor. Acknowledgement shall be required.
(f) Any change in the use of loan funds
				  requires the prior written approval of the department.
(g) The borrower shall provide the division
				  with copies of invoices or statements prior to disbursements.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 2 - LOAN SERVICING › Section 4-8-25 - Administration

Current through June, 2024
(a) The division shall have the following
				  powers:
(1) To accept and process applications
				  for all types of loan applications as provided in chapter
				  155, Hawaii Revised
				  Statutes;
(2) To disapprove loan
				  applications in all cases where disapproval is based upon the applicant's
				  inability to meet the requirements, purposes, and policies of the agricultural
				  loan program;
(3) To make personal
				  risk investigations in connection with loan applications;
(4) To close loans and disburse loan
				  proceeds;
(5) To collect amounts
				  due on loans;
(6) To have borrowers
				  maintain insurance policies and coverage in sufficient amounts to protect the
				  State's security interests in the loans;
(7) To determine when to file claim against
				  estates of deceased borrowers and to file proper claims;
(8) To recommend for board action final
				  determination as to foreclosure of direct loans and to determine the date of
				  call in such cases; and
(9) To
				  invest idle funds in time certificates of deposit and other investments
				  authorized by the department of budget and finance;
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 2 - LOAN SERVICING › Section 4-8-26 - Right to inspect

Current through June, 2024
The division or its authorized representative has the right
					 to inspect, at reasonable hours, the mortgaged property, the farm, the
					 security, crops, livestock, equipment, chattels, the books, and the records of
					 the borrower in connection with the administration of the
					 loan.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 2 - LOAN SERVICING › Section 4-8-27 - Borrower's responsibilities

Current through June, 2024
Each borrower or guarantor shall:
(1) Submit to the division an annual
				  financial statement during the life of the loan and interim statements and
				  reports as may be requested by the division;
(2) Comply with the term loan agreement,
				  which may be amended from time to time with approval by the division;
(3) Keep the division informed on any and all
				  changes on security and other major changes in the operation;
(4) Promptly provide information and
				  documents to the division upon request; and
(5) Repay loans made under the agricultural
				  loan program in accordance with the terms of the promissory note.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 2 - LOAN SERVICING › Section 4-8-28 - Assumption of indebtedness

Current through June, 2024
Assumption of indebtedness may be considered if the person
					 which proposes to assume the indebtedness is eligible under section
					 155-10,
					 Hawaii Revised Statutes. The maker of the note cannot be released on the
					 assumption of the indebtedness by others.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 2 - LOAN SERVICING › Section 4-8-29 - Waiver of payment and extension

Current through June, 2024
(a) When inability
				  to meet a scheduled payment is caused by a natural catastrophe, depressed
				  prices, or other external factors beyond the borrower's control, the borrower
				  may request the department for a waiver of payment. In its discretion, the
				  department may grant the waiver. A waiver is normally for a limited period of
				  six months or less at which time the borrower's situation shall be reviewed by
				  the division. The department shall not grant a waiver where reasonable
				  assurance of repayment in the future is lacking, collateral for the loan will
				  be jeopardized, or where the borrower otherwise has not complied with the loan
				  requirements.
(b) Upon request for
				  waiver, the chairperson may grant an extension for more than six months where
				  the division finds that:
(1) The borrower
				  cannot meet payment schedule even after a waiver of six months, because of
				  prolonged natural or economic disaster;
(2) The borrower cannot meet more than fifty
				  per cent of its annual payment; and
(3) The borrower would require a period of
				  one year or longer to recover from the effects of depressed prices, natural
				  catastrophe, or other external factors beyond borrower's control.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 2 - LOAN SERVICING › Section 4-8-30 - Subordination and partial release

Current through June, 2024
(a) A direct loan
				  borrower may apply to the division for a subordination or partial release of
				  collateral. The division will review such requests on a case-by-case
				  basis.
(b) The chairperson may
				  approve a request for subordination or partial release if the borrower meets
				  any one or more of the following conditions:
(1) The borrower shall reduce its loan
				  balance;
(2) The borrower is
				  current on loan payments and there is sufficient security to cover
				  requests;
(3) The borrower shall
				  add to or substitute the security with other security of better value
				  (especially for borrowers with average or below average performance);
				  and
(4) The borrower shall
				  strengthen the State's security position by assigning payments to the
				  department through a person, a bank, a wholesaler, or a cooperative, and the
				  borrower shall bring all its delinquent loans to current status.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 2 - AGRICULTURAL LOAN DIVISION › Chapter 8 - AGRICULTURAL LOAN PROGRAM RULES › Subchapter 2 - LOAN SERVICING › Section 4-8-31 - Application of payment

Current through June, 2024
(a) Refund and
				  canceled undisbursed funds shall be applied to the principal and returned to
				  the loan revolving fund.
(b) The
				  department may apply payment to any loan outstanding in the case of a borrower
				  with multiple loans from the department.