Hawaii Administrative Code

The department when practicable and as authorized by the act may maintain community pastures in such locations as it may determine. Notes Haw. Code R. § 10-3-71 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §211) Comp 12/23/2021

A record of all stock in the community pastures shall be kept by the department. Notes Haw. Code R. § 10-3-72 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §211) Comp 12/23/2021

(a) The lessee shall be responsible for: (1) Permanently branding all animals with a registered brand of the lessee; (2) Worming, and testing all animals and confirming district origin; (3) Removing sick, diseased, or severely injured animals; and (4) Arranging for removal of ani…

The department shall not be held liable for any death, loss, injury, theft, sickness, or loss of weight to any animal. Notes Haw. Code R. § 10-3-74 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §211) Comp 12/23/2021

(a) The approximate number of heads to be carried in the community pastures shall be set by the chairman from time to time according to the carrying capacity of the pastures. (b) Until further action by the department, four head of cattle of any age per lessee shall be considered…

(a) The department shall assess fees for scaling services commensurate with local industry standard except that lessees may pay a reduced fee. (b) To recover costs, the department may establish rental fees and service charges for the use of meeting rooms or halls, park facilities…

(a) An applicant may designate an individual relative who is at least eighteen years of age and a native Hawaiian from among the following to succeed to the applicant's application rights upon the death of the applicant: (1) Husband or wife; (2) Child; (3) Grandchild; (4) Father …

The department shall post in district offices in the area where awards are made, the names and application dates of all who receive lease awards within two weeks after awards are made. The notice shall remain posted for a period of two months. Notes Haw. Code R. § 10-3-9 [Eff 7/3…

The department may lease, license, or otherwise deal with any Hawaiian home lands as may not be immediately needed for the purposes of the act as provided by section 204(2) of the act and chapter 171, HRS, upon such terms and conditions as it may deem fair and reasonable. Notes H…

The department shall be guided by the plans, policies, and strategies developed pursuant to subchapter 4 of this chapter for the development and use of land needed for the purposes of the act. Notes Haw. Code R. § 10-4-2 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (I…

(a) Applications for licenses shall be made in writing and shall state the applicant's status, type and location of the land desired, proposed use of the land, the services or facilities to be provided and the term of the license. (b) The department may negotiate the issuance of …

Licenses as easements for railroads, telephone lines, electric power and light lines, gas mains and the like, and licenses for improvements for public purposes, including but not limited to schools, post offices, parks, beaches, fire stations, and other public facilities may be g…

Notes Haw. Code R. § 10-4-23 R 11/17/84

(a) The department may issue licenses for mercantile establishments, all of which shall be owned by native Hawaiians or organizations formed and controlled by native Hawaiians as provided in section 207(c)(1)(B) of the act.. (b) Mercantile licenses offered upon department initiat…

(a) The department may grant licenses to the United States for reservations, roads, and other rights-of-way, water storage and distribution facilities. (b) Licenses issued or granted to the United States shall not restrict the area required by the department in carrying on its du…

(a) The department may issue licenses to churches within a homestead district provided: (1) The aggregate number of churches in the homestead district does not exceed two per cent of the total number of lessees in the district; and (2) If land is available, a petition of those wh…

Notes Haw. Code R. §§ 10-4-27 to 10-4-30

(a) The department may extend the term of a general lease of Hawaiian home lands for commercial or multipurpose projects to make improvements to the lease property, or obtain financing for the improvement of the leased lands. Such extension requires approval by the department of …

The department, from time to time, may establish and manage parks on lands not immediately needed for the purposes of the act. The department, in accordance with the rules established in this chapter, shall make all decisions with respect to the operations of these parks. Notes H…

The department may, from time to time, establish parks on lands not immediately needed for the purposes of the act. The department may license parks for other organizations to manage under such terms and conditions as the commission may deem necessary as provided by sections 204 …

There shall be established a park advisory council in each area where the department operates a district office. Each council shall meet at least once a year and shall be administratively attached to the district office in which the council is established. Each council shall cons…

The following minimum restrictions apply to department parks: (1) The use or possession of alcoholic beverages is prohibited; (2) Boating vessels or any similar buoyant devices are prohibited where posted; (3) The construction of any buildings, facilities, memorials, or other sim…

The department shall establish the hours during which the parks will be open. Hours of operation shall be posted in each district office and may vary depending on the location of the park and the season of the year. Anyone using a park during the hours when the park is closed may…

At the discretion of the department, a park may be closed for renovation, for safety or for security purposes. The department shall post notice of closure at the district office in which the park is located and at the specific park. Notes Haw. Code R. § 10-4-36 [Eff and comp 10/2…

The department shall post permit requirements in the applicable district office. The department shall attach a copy of permit requirements to approved permits. Park use permits are required for: (1) Any group with 26 or more park users; (2) Exclusive use of any pavilions; or (3) …

An application for a park use permit may be obtained at the appropriate district office, subject to the following minimum guidelines and any other additional provisions that the department may deem necessary: (1) Permit applications may be filed from 8:00 a.m. to 4:00 p.m., Monda…

Park use permits shall be approved or denied by the district office supervisor in whose jurisdiction the park is located. Persons who have been denied a permit may make written requests for reconsideration to the chairperson. Permits shall not be transferred. Notes Haw. Code R. §…

Notes Haw. Code R. §§ 10-4-4 to 10-4-20

Permits may be denied when: (1) The premises or park facilities are closed; (2) The person applying for the permit has received a permit during the previous ninety days; (3) There are inadequate' facilities to meet the needs of the applicant for the permit; (4) The premises or fa…

In general, permits shall be issued on a first-come, first-served basis, with preference given to native Hawaiian beneficiaries and organizations. In no case, however, shall a native Hawaiian be discriminated against because of place of residence. Notes Haw. Code R. § 10-4-41 [Ef…

The department, in consultation with the park advisory council, may establish fees for the use of park facilities. Special fees may be charged for events that require unusual departmental assistance. Fees charged by the department shall be made known to the park user before a per…

(a) All permittees shall, upon request, show the permit to any law enforcement officer or authorized representative. Anyone using the park without a required permit may be asked to leave. Any such person who refuses to leave may be considered a trespasser and may be subject to pr…

The following activities are prohibited in department parks: (1) Engaging in or soliciting business; (2) Displaying, posting or distributing notices or advertisements; and (3) Filming, photographing, video and audio recording, or any other media production that involves the use o…

Notes Haw. Code R. §§ 10-4-45 to 10-4-50 Comp 8/25/2018

The purpose of the planning system is to further the objectives of the act by systematically coordinating the management of Hawaiian home lands and programs in a manner that is comprehensive, consistent, and collaborative. Notes Haw. Code R. § 10-4-51 [Eff and comp 8/25/2018] (Au…

As used in this subchapter, unless context clearly provides otherwise: "Beneficiary consultation" means the department's direct outreach to lessees, applicants, and native Hawaiians as defined by the act as part of the department's or commission's decision-making process. "Implem…

The planning system shall consist of a three-tier hierarchy of plans. Tier 1 is the top tier consisting of the general plan and shall establish overall policy. Tier 2 and Tier 3 are the lower tiers and shall be guided by the general plan. Tier 2 and Tier 3 focus with increasing s…

(a) Adoption. All plans in each of the three tiers shall be adopted by a majority vote of the commission. Any comprehensive update or interim amendment requires a majority vote of the commission to be effective. Beneficiary consultation shall be required as part of any comprehens…

Based on the act, the general plan shall establish statewide polices that guide land management and programs. At a minimum, the general plan shall: (1) Establish a uniform system of land use designations that all island plans shall use; (2) Establish the relationship between land…

(a) Island plans. Island plans shall be prepared for islands where there are over one hundred acres of Hawaiian home lands. If the landholdings are less than one hundred acres, the department may initiate a tier 3 plan. At a minimum, island plans shall: (1) Apply the criteria fro…

(a) Development plans. Development plans provide more detail for specific projects identified in island plans for purposes of establishing feasibility, budget, and schedule. To assess feasibility, the development plan shall consider a diversity of housing types and prices appropr…

(a) Budgets, legislation, rules, procedures, land dispositions and other implementing actions shall be guided by the plans. The chairman shall develop a rational overall strategy to prioritize and allocate resources and present this strategy to the commission in the first year of…

The purpose of an evaluation system is to improve the planning system and implementation effectiveness. The chairman shall present an evaluation report to the commission, which may be combined with the report required under section 222 of the act. The general plan shall specify e…

(a) Meaningful and timely consultation with beneficiaries promotes trust, partnership, and' civic engagement. The type of consultation shall be appropriate to the potential impact of the decision or action. (b) Types of consultation. The type of consultation is determined by the …

The purpose of this subchapter is to promote the health, safety, and general welfare of the community by providing standards for governing water service provided by water systems in the exclusive control of the department. Notes Haw. Code R. § 10-4.1-1 [Eff 6/25/2021] (Auth: HHC …

(a) The department may refuse or discontinue water service for any of the following reasons: (1) Non-payment of bills or fees. If the consumer fails to pay any sums due, the department may discontinue service five business days after written notice is given to the consumer. (2) N…

Water service shall not be resumed until all of the consumer's delinquent accounts, including all charges, fees, and reinstallation costs, including one hour of labor, and materials, transportation, and any other overhead costs for the meter reinstallation and reactivation, have …

(a) Any consumer who has a reasonable doubt of the accuracy of the meter serving his or her premises may request a test of the meter. The consumer may request to be notified as to the time of the test and may witness the test. No charge shall be made for meter tests unless such t…

(a) If a consumer experiences a leak within their water line, the consumer may request the department provide a leak adjustment for excessive bills provided a leak adjustment was not granted to the consumer within the twelve month period prior to the request and the leak was repo…

Errors in billing or collection shall be corrected in a timely manner by the department. Resulting credits on accounts or refunds shall be made as expeditiously as possible. Notes Haw. Code R. § 10-4.1-14 [Eff 6/25/2021] (Auth: HHC Act §222) (Imp: HHC Act §221)