Hawaii Administrative Code

(a) The caption of a rule of the agency is for reference only and is not to be construed in any way as a part of the rule. (b) Words used in the present tense in a rule of the agency include the future tense. (c) The singular number in a rule of the agency includes the plural; th…

At any public hearing held by the agency, any person shall have the right to present oral or written arguments and evidence relevant to the matter which is the subject of the hearing. Any person may conduct reasonable questioning of persons who make factual allegations relevant t…

The agency shall designate the hearing officer who shall preside at the public hearing. The hearing officer shall have authority to take any and all actions necessary to the orderly and just conduct of the hearing. Notes Haw. Code R. § 11-185-31 [Eff. FEB 09 1981] (Auth: HRS Sec.…

(a) No hearing officer shall preside at any public hearing relating to any matter in which the hearing officer, the hearing officer's spouse, or the hearing officer's child has (or within the twelve months preceding the hearing, had) any substantial ownership, directorship, offic…

(a) Any person not a party to the public hearing may seek to become a party by filing a motion for leave to intervene. The motion shall state the grounds upon which the person claims to have an interest in the proceeding. At least ten days before the hearing, the person shall fil…

The public hearing shall be held at the time and place set in the notice of hearing, but for good cause shown the hearing officer may at such time and place continue the hearing from day to day or adjourn the hearing to a later date or to a different place without notice other th…

To avoid unnecessary cumulative evidence at the public hearing, the hearing officer may limit the time for witnesses to testify upon at particular issue. Notes Haw. Code R. § 11-185-35 [Eff. FEB 09 1981] (Auth: HRS See. 323D-62) (Imp: HRS Sec. 323D-12)

The agency shall not impose any fee for the public hearing. Notes Haw. Code R. § 11-185-36 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12)

In computing any period of time prescribed or allowed by a rule of the agency, by an order of the agency, or by any applicable statute, the period of time begins with the day following the act, event, or default. The last day of the period shall be included unless it is a Saturda…

Whenever any person in a proceeding held under the agency's rules has the right or is required to do some act within a prescribed period of time after the agency provides notification to the person by mail, two days shall be added to the prescribed time. Notes Haw. Code R. § 11-1…

Any interested person may file with the agency a petition requesting the agency to adopt, amend, or repeal any rule. Notes Haw. Code R. § 11-185-50 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS Sec 91-6)

The petition requesting the agency to adopt, amend, or repeal any rule shall be in writing and shall include: (1) The petitioner's name, mailing address, and telephone number; (2) The petitioner's signature or the signature of the petitioner's authorized representative or attorne…

The petitioner shall file with the agency the original and ten copies of the petition requesting the agency to adopt, amend, or repeal any rule. Notes Haw. Code R. § 11-185-52 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS See. 91-6)

The agency may dismiss any petition requesting the agency to adopt, amend, or repeal any rule that fails to comply with the requirements of section 11-185-51. Notes Haw. Code R. § 11-185-53 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS Sec. 91-6)

At the agency's discretion and upon written notice to the petitioner, the agency may provide written notification of the petition requesting the agency to adopt, amend, or repeal any rule to any person or persons for review and recommendations on the petition. Notes Haw. Code R. …

Within thirty days after the petition requesting the agency to adopt, amend, or repeal any rule is filed, the agency shall file a written ruling denying the petition and stating the agency's reason or reasons for the denial or the agency shall initiate proceedings in accordance w…

Nothing in this chapter shall operate to prevent the agency, on its own motion, from acting on any matter disclosed in any petition requesting the agency to adopt, amend, or repeal any rule. Notes Haw. Code R. § 11-185-56 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-6) (Imp: HRS Sec. 91…

Notwithstanding any rule of the agency to the contrary, whenever any person has the right or is required to do some act within a period of time prescribed or allowed by a rule of the agency or by an order of the agency, the agency may in its discretion and upon such terms or cond…

The agency's office is located at Room 205, 600 Kapiolani Boulevard, Honolulu, Hawaii or such other address at which the agency's office may be located from time to time. The agency's mailing address is Post Office Box 3378, Honolulu, Hawaii 96801. Notes Haw. Code R. § 11-185-7 […

Any interested person may file with the agency a petition for a declaratory order as to the applicability of any statutory provision administered by the agency or of any rule or order of the agency. Notes Haw. Code R. § 11-185-70 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-8) (Imp: HRS…

The petition for a declaratory order shall be in writing and shall include: (1) The petitioner's name, mailing address, and telephone number; (2) The petitioner's signature or the signature of the petitioner's authorized representation or attorney; (3) A designation of the specif…

The petitioner shall file with the agency the original and ten copies of the petition for a declaratory order. Notes Haw. Code R. § 11-185-72 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-8) (Imp: HRS Sec. 91-8)

The agency may dismiss any petition for a declaratory order that fails to comply with the requirements of section 11-185-71. Notes Haw. Code R. § 11-185-73 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-8) (Imp: HRS Sec. 91-8)

There is no right to a public hearing on the petition for a declaratory order. At its discretion, the agency may hold a public hearing on the petition before the agency files its written ruling on the petition. Notes Haw. Code R. § 11-185-74 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-…

Within forty-five days after the petition for a declaratory order is filed, the agency shall file a written ruling on the petition. The ruling shall deny the petition, stating the agency's reason or reasons for the denial, or the ruling shallbe a declaratory order on the matters …

The agency may, for good cause, refuse to issue a declaratory order. Good cause includes, but is not limited to, a finding by the agency that: (1) The question is speculative or purely hypothetical and does not involve existing facts or facts that can reasonably be expected to ex…

Nothing in this chapter shall operate to prevent the agency, on its own motion, from issuing a declaratory order to terminate a controversy or to remove uncertainty. Notes Haw. Code R. § 11-185-77 [Eff. FEB 09 1981] (Auth: HRS Sec. 91-8) (Imp: HRS Sec. 91-8)

The agency's office shall be open from 7:45 a.m. to 4:30 p.m. of each weekday unless otherwise provided by statute or executive order Notes Haw. Code R. § 11-185-8 [Eff FEB 09 1981] (Auth: HRS Sec. 91-2) (Imp: HRS Sec. 91-2)

All documents, including applications, written comments on applications, request for opinion, submittals, correspondence, information, reports, memoranda, and any other papers required or permitted to be filed with the agency, the statewide council, a subarea council, or any comm…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the pr…

(a) The agency may review and approve, conditionally approve, or disapprove certain applications for certificate of need without referring the applications to the subarea council, the review panel, the statewide council, or the countywide review committee. (b) Projects eligible f…

(a) For purposes of consolidating for review completed applications that are or may be mutually exclusive or that present conflicting claims, the agency shall require that an application for a certificate of need pertaining to any of the following health care services, health car…

Notes Haw. Code R. § 11-186-120 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp. HRS Sec. 323D-12) R 8/17/2019

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the p…

(a) The agency shall consider the following criteria in the review of an application for a certificate of need: (1) The need that the population served or to be served has for the services proposed to be offered or expanded, and the extent to which all residents of the area, and …

Notes Haw. Code R. § 11-186-16 Eff. 2/9/81; R JAN 21, 1988

The rules in this chapter shall be liberally construed to promote mandatory planning for health care facilities and health care services in the State, in order to promote accessibility for all the people of the State to quality health care services at reasonable cost and to promo…

Any person proposing a project that requires a certificate of need may file a letter of intent with the agency at the earliest possible opportunity The letter of intent shall describe the proposed project in such detail as may be necessary to inform the agency of the nature and s…

The agency shall provide technical assistance to the applicant in the preparation and filing of the application Notes Haw. Code R. § 11-186-21 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) Eff. comp 8/17/2019

The applicant for a certificate of need shall file an application with the agency The application shall be filed on the form prescribed and furnished by the agency The agency shall not accept for filing any application that is not submitted on the correct form If the agency inadv…

The application form prescribed by the agency may vary according to the type of project proposed The agency may revise or amend the application forms from time to time An application form may require the applicant to provide any information that is reasonably necessary for an inf…

The applicant may file the application at any time during the year, provided that if the agency has established a deadline for the application pursuant to section 11-186-10, then the applicant shall file and complete the application on or before the applicable deadline. Notes Haw…

(a) There shall be a non-refundable filing fee for each application which shall be the sum of $200 plus 001 of the capital expenditure as defined in section 323D-2, Hawaii Revised Statutes up to $1,000,000 plus 0005 of the capital expenditure as defined in section 323D-2, Hawaii …

Unless the agency directs otherwise, the applicant shall file with the agency the original and two copies of the application In the case of a standard application which has been determined to be complete pursuant to section 11-186-30, HAR, the applicant shall mail copies of the a…

For administrative purposes, the agency shall assign a file number to each application that is filed with the agency. The file number shall indicate the year of the filing and the order of filing within the year. The agency shall not assign the same file number to any other appli…

When the same applicant has more than one proposal, the agency may direct the applicant to file a separate application for each proposal if the agency determines that separate consideration of the proposals may assist the agency in reaching an informed decision on the merits of e…

The agency requires a completed application for review. The filing of the application with the agency does not by itself mean that the application is complete. Notes Haw. Code R. § 11-186-29 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) Eff. comp 8/17/2019…