Hawaii Administrative Code

These rules are adopted under Chapter 91, HRS, and implement the Hawaiian Homes Commission Act of 1920, as amended. They are adopted in accordance with section 222 of the Hawaiian Homes Commission Act of 1920, as amended, for: (1) Effective execution of functions vested in the de…

(a) Information about the department, submittals, or requests may be obtained from: (1) The main office, P.O. Box 1879, Honolulu, Hawaii 96805, 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707; or (2) Neighbor island district offices as follows: (A) West Hawaii: P.O. Box 125, Kamue…

(a) All government records will be available for inspection during working hours unless otherwise provided by law. (b) Copies of government records will be made available to any person requesting same upon payment of the fee imposed by law. (c) Requests for copies of government r…

Unless otherwise specifically stated, the meaning of terms used in this title shall have the same meaning as provided by law. Notes Haw. Code R. § 10-1-4 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act) Am 3/31/2017

As used in t.his title, unless the context clearly provides otherwise: "Act" means the Hawaiian Homes Commission Act of 1920, as amended. "Advisory council" means the park advisory council established in section 10-4-34 for the purpose of advising the department on rules, practic…

Words importing the singular number may be applied to several persons or things; words importing the plural may include the singular. Notes Haw. Code R. § 10-1-6 [Eff 7/30/81 am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HRS § 91-2)

If any section, sentence, clause, or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portion of this title. Notes Haw. Code R. § 10-1-7 [Eff 7/30/81; am 2/3/83; am and comp…

The office of the commission is at Kapolei, Hawaii. All communications to the commission shall be addressed to the Hawaiian homes commission, as provided in section 10-1-2(a) (1). Notes Haw. Code R. § 10-2-1 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §202) Am…

Unless excused, meetings shall be attended by all commissioners, by the chairman, and by such members of the staff as are instructed to attend by the chairman. Notes Haw. Code R. § 10-2-10 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §202)

(a) Any person shall be afforded an opportunity to present written or oral testimony to the commission at its regular monthly meeting. (b) In order to ensure an orderly and efficient meeting, any person who wants to appear before the commission to present testimony is requested t…

Persons who have requested to appear before the commission at its meeting as provided in section 10-2-11 will have fifteen minutes to present such information, data, material and testimony relevant to and as set forth in the request. The chairman may provide additional time if so…

A running account of all proceedings of each meeting of the commission shall be kept in as complete detail as is reasonably possible. Minutes comprising a summary account of the proceedings and containing as much detail as is necessary to indicate the course of the proceedings an…

No information of a personal or private nature regarding any individual shall be included in the minutes. Notes Haw. Code R. § 10-2-14 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202; HRS Chapter 92F)

Whenever the chairman is absent or disabled from performing the duties of the office, the vice-chairman shall assume the duties of the chairman. Notes Haw. Code R. § 10-2-15 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202)

(a) It is the desire of the commission that functions and duties, administrative in nature, be delegated to the chairman and duties requiring the exercise of judgment or discretion continue to reside with the commission. (b) The commission shall be deemed to have delegated to the…

The chairman shall report to the commission for ratification of any actions taken as permitted under section 10-2-16(c). Notes Haw. Code R. § 10-2-17 [Eff 7/30/81; am 11/17/84; am and comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202)

(a) It is the responsibility of each commissioner to:(1) Attend all meetings of the commission unless excused; (2) Undertake all duties assigned by the commission; (3) Keep generally informed of all matters pertinent to the determination of policy by the commission and effectuati…

As trustees, it shall be the duty of commissioners to: (1) Act exclusively in the interest of beneficiaries under the act; (2) Hold and protect the trust property for beneficiaries under the act; (3) Exercise such care and skill as a person of ordinary prudence would exercise in …

The commission may meet and exercise its powers in any part of the State. All meetings of the commission shall be open to the public, except that the commission may meet in executive session as permitted under chapter 92, HRS, from which the public may be excluded by a recorded v…

The chairman shall appoint to any committee formed to decide rights of a lessee, the commissioner from the area of the affected lessee. Notes Haw. Code R. § 10-2-20 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202)

All applications, certificates, or other papers or documents required to be filed with the commission shall be filed in the office of the commission within such time limits as prescribed by law, rules, or by order of the commission. Notes Haw. Code R. § 10-2-21 [Eff 7/30/81; am a…

Notes Haw. Code R. §§ 10-2-22 to 10-2-30

The commission shall meet at least once a month. The commission shall meet at least once a year on the islands of Kauai, Hawaii, Molokai, and Maui, and at various homestead communities on each island as practicable. Notes Haw. Code R. § 10-2-3 [Eff 7/30/81; am and comp 10/26/98] …

The main office of the department is at Kapolei, Hawaii. All communications to the department shall be addressed as provided in section 10-1-2(a)(1). Notes Haw. Code R. § 10-2-31 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202) Am 3/31/2017…

The office of the department shall be open from 7:45 a.m. to 4:30 p.m., Monday through Friday, unless otherwise provided by the statute or executive order. Notes Haw. Code R. § 10-2-32 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222; HRS §§ 80-1, 91-2) (Imp: HHC Act §202)…

(a) All personnel on the department's staff are under the direction of and are responsible to the chairman. The chairman, subject to law and civil service rules, shall select and discharge personnel for the department's staff. The commission shall be informed of all changes in st…

Whenever the chairman is absent or disabled from performing the duties of office, the deputy to the chairman shall assume the duties of the chairman, unless the chairman designates otherwise. Notes Haw. Code R. § 10-2-34 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222; HR…

Notes Haw. Code R. §§ 10-2-35 to 10-2-40

Special meetings may be called by the chairman or at the request of a majority of all members to which the commission is entitled. The chairman shall notify the members of the commission of the time, place, and purpose of the special meeting. Special meetings are not to take the …

All orders and other actions of the commission shall be authenticated or signed by the chairman. Notes Haw. Code R. § 10-2-41 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202; HRS § 21-38)

The chairman shall approve and sign all vouchers and assignment of funds to be received under pineapple or grazing contracts. After approval of the commission, chairman shall sign all licenses, leases, loan contracts, assignments of pineapple and grazing contracts, contracts with…

The chairman shall have full charge of and responsibility for the administration and execution of all actions approved by the commission and in effectuating commission policy. Notes Haw. Code R. § 10-2-43 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act…

The chairman shall prepare and distribute to each commissioner and district office an administrative manual describing department operating procedures. The procedures shall be open to the public and shall not be in conflict with title 10 or the act. Notes Haw. Code R. § 10-2-44 […

The chairman shall present to the commission, before submission to the governor and legislature, the annual report of the department. Notes Haw. Code R. § 10-2-45 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202)

The chairman shall develop and present to the commission plans for lands entrusted to the department. Notes Haw. Code R. § 10-2-46 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202)

A majority of all the members to which the commission is entitled shall constitute a quorum to transact business. Except as otherwise provided by law, the concurrence of a majority of all the members to which the commission is entitled shall be necessary to make any action of the…

A schedule of the meetings to be held in the coming year will be prepared and submitted to the commission at its regular December meeting. Notes Haw. Code R. § 10-2-6 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222; HRS § 91-2) (Imp: HHC Act §202; HRS § 91-2)

A copy of the regular agenda, less any confidential information concerning applicants or lessees, shall be posted at every office of the department throughout the State and shall be filed with the lieutenant governor's office at least six calendar days before every meeting of the…

The agenda shall state the order of business to be conducted by the commission at its meeting. Persons wishing items of business to be placed on the agenda shall contact the chairman not later than two weeks before the scheduled meeting. Notes Haw. Code R. § 10-2-8 [Eff 7/30/81; …

The commission, for good cause by majority vote, may suspend discussion of any item on the agenda. At its discretion the commission shall continue discussion after all other agenda items have been completed or shall continue the discussion at no later than the next regular schedu…

The purpose of this subchapter is to provide qualified residential lessees with the option to build a supplementary dwelling unit that could help ease certain housing issues facing native Hawaiian families like need, overcrowding, and financial strain. Notes Haw. Code R. § 10-3-4…

As used in this subchapter, unless context clearly provides otherwise, "Dwelling unit renter" means the native Hawaiian who rents, from the lessee, either the primary dwelling unit or SDU for use as his or her residence. "Good-standing" means the status of a lessee who is in full…

Upon promulgation of this subchapter, the SDU program shall commence as a five-year pilot program. The program shall be evaluated by the department after three years. If deemed successful, the department may continue the program, or the program shall terminate at the end of the f…

(a) The lessee shall complete the department's SDU application. Within 30 days, the department shall notify the lessee to proceed with the respective county SDU application or if lease compliance matters must first be addressed. If the lessee fails within 30 days to address the l…

A residential lot may qualify for the SDU program if it meets the following requirements: (1) Constructing an SDU on the lot is compatible with the island plan and the area plan; (2) The lot is not landlocked; (3) The lot does not have more than one dwelling unit, attached or det…

(a) To participate in the SDU program, the lessee shall be in good-standing at all times. (b) The lessee shall reside in either the primary dwelling or in the SDU. If the lessee moves into the SDU, the lessee shall provide the department with an updated mailing address in accorda…

(a) Any SDU shall comply with the respective county's SDU area maximums for residential lots. (b) A lessee may apply to the department for one of the following programs at the time of application for an SDU:(1) 'Ohana SDU is specifically for nonrental, 'ohana use purposes. The 'o…

Lessees participating in the SDU program shall comply with all applicable federal, state, and local laws related to the provision or rental of housing including, but not limited to, the residential landlord and tenant code, HRS ch. 521, and section 804 of the fair housing act, 42…

Any structures on the lot that have not been approved by the department or are unpermitted, or both, shall be brought into compliance through the SDU process or be removed at the lessee's expense. Notes Haw. Code R. § 10-3-40.09 [Eff and comp 12/23/2021] (Auth: HHC Act §222) (Imp…

(a) Applications are processed in multiple stages, each with a different purpose and effect, as follows:(1) Receipt. Applications shall be date and time stamped upon receipt by the department. This first date and time stamp shall be used only to certify receipt by the department.…