Hawaii Administrative Code

(a) Subsection UR.2., entitled "Position and Illumination of Taximeter," of section 5.54, entitled "Taximeters," of NIST handbook 44 is amended to read: A taximeter shall be so positioned, secured, and illuminated that its indications, operational markings, and controls of passen…

Use of wheel-load weighers, portable axle-load weighers, and axle-load scales shall be permitted only for official use by government agencies in the enforcement of traffic and highway laws and in the collection of statistical information. Notes Haw. Code R. § 4-101-4 [Eff. 8/21/9…

Any person who fails to perform any of the actions required by this chapter, or who uses a weighing or measuring device or a measurement standard in any manner which does not comply with the requirements of this chapter shall be in violation of this chapter. Notes Haw. Code R. § …

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder and, to this end, the provisions of this chapter are severable. Notes Haw. Code R. § 4-101-6 [Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-37)

Notes Haw. Code R. §§ 4-150-1 to 4-150-22 R MAR 17 2006

Notes Haw. Code R. §§ 4-151-1 to 4-151-22 R MAR 17 2006

Notes Haw. Code R. §§ 4-152-1 to 4-152-23 R MAR 17 2006

As used in this chapter: "Abandoned property" means any and all property including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that have been left unattended on land owned or controlled by the State without authority for a continuous peri…

(a) As provided by section 166-5, Hawaii Revised Statutes, the board may enter into a partnership agreement with a federal agency, a county, or a private party for development and subdivision of an agricultural park, which may include irrigation systems. (b) "Partner" means a per…

(a) Prior to entering into a partnership agreement, the board shall: (1) Determine: (A) Whether the lands shall be developed by disposition or contract; (B) The location, area, and size of the lands to be developed; (C) The use or uses to which the lands shall be put; (D) The est…

Any partnership agreement for a joint venture shall be approved by the board and shall be in conformity with section 166-5, Hawaii Revised Statutes. The terms of a partnership agreement for joint venture shall include the following, wherever appropriate: (1) The development and s…

(a) Any person shall be eligible to apply for an agricultural park lease if the person:(1) Is a citizen of the United States who has resided in the State for at least three years or is a permanent status alien who has resided in the State for at least five years; and (2) Is a bon…

The administrator shall establish and maintain a register in which all persons desiring to acquire agricultural park lands may register. The administrator shall determine the information required from each registrant and may establish a criteria for registration. Notes Haw. Code …

(a) In addition to satisfying the general eligibility requirements of section 4-153-13, all agricultural park applicants shall qualify as bona fide farmers or new farmers, as defined, and shall demonstrate ability to perform the lease terms and shall provide the following informa…

Any person otherwise qualified to take an agricultural park lot shall have preference in any disposition of agricultural park lots if the person: (1) Is a veteran who served in the military forces of the United States and who was honorably discharged therefrom; (2) Is a displaced…

(a) Any applicant claiming preference status shall furnish proof of veteran status, displacement or potential displacement, nonconformance to zoning, or new farmer qualification as called for in the instructions to applicants and which shall be submitted together with the applica…

(a) Public auction. The appraisal of agricultural park lands for the determination of the upset lease rental at public auction may be made by an employee of the department qualified to appraise lands, or by one but not more than three disinterested appraisers contracted for by th…

(a) A lease of agricultural park land may be disposed of through negotiation upon a finding by the board that the public interest demands it. (b) After a determination is made to negotiate the disposition of a lease, the administrator shall:(1) Give public notice in accordance wi…

Responsibility for the administration of the agricultural park program shall be placed within the agricultural resource management division, under the direction of the administrator. Notes Haw. Code R. § 4-153-2 [Eff 3/6/92; am and comp] (Auth: HRS § 166-3) (Imp: HRS § 166-3)…

When the board determines that agricultural park lands are to be leased by drawing, the administrator shall give public notice inviting applications for the drawing as provided in section 4-153-22, with such details concerning the drawing as it deems necessary and desirable. Appl…

(a) Disposition of agricultural park lands may be made at public auction after public notice as provided in section 4-153-22. All public auctions shall be held at the department or at any other convenient place in the district in which the land is located, and shall be conducted …

(a) Each notice of proposed lease disposition shall contain the following information:(1) General information regarding all the parcels or lots offered for lease, such as time and place of disposition, terms and conditions of disposition, qualification of applicants, procedure fo…

(a) Qualified applicants shall be present in person or shall be represented by an agent with appropriate credentials authorizing representation. Applicants who are not present or arrive late at the drawing shall be disqualified. (b) All qualified applicants shall be placed in the…

Every agricultural park lease issued by the board shall contain: (1) The specific use or uses to which the land is to be employed, provided that the use or uses shall be for agricultural or aquacultural activities only; (2) The improvements required, provided that a minimum reaso…

(a) Whenever under this chapter or under any agricultural park lease issued by the board, consent of the State is required as a condition precedent to the mortgage of, or the creation of a security interest in public land, the chairperson may, upon due application, grant the cons…

In any agricultural park lease a condition may be provided requiring the inclusion of the land being disposed in any irrigation project formed or to be formed by the state agency responsible therefor, and making the land subject to assessments made or to be made for the project, …

Agricultural park leases shall be subject to real property taxes. Upon notice by the appropriate agency, the administrator shall notify the lessee and each holder of record having a security interest as provided in section 4-153-35 of any default in the payment of the taxes, and …

The agricultural park lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, a county, or any other governmental agency, the base rental shall be reduced in proportion to the value of the portion of the premises c…

An agricultural park lease or any interest therein, including stock of a corporation holding the lease or an interest in a partnership or association holding the lease, shall not be transferred or assigned unless the lease and improvements, or any interest therein, are first surr…

(a) The administrator shall have the power to: (1) Accept and process applications for agricultural park leases; (2) Disapprove agricultural park lease applications when the prospective applicant is unable to meet the requirements of the agricultural park program or the criteria …

The department may sell, donate, or otherwise dispose of property abandoned or seized on land managed by the department upon compliance with the requirements of section 171-31.5, Hawaii Revised Statutes. Notes Haw. Code R. § 4-153-30 [Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: H…

The board shall provide in every agricultural park lease that the use and enjoyment of the premises being granted shall not be in support of any policy which discriminates against anyone based upon race, creed, color, national origin, sex, or physical handicap. The board shall no…

(a) The agricultural park lessee, within a reasonable period of time and in accordance with the plan of development and utilization provided for in subsection (d), shall derive the major portion of the lessee's annual income from the production of livestock, poultry, crops or pro…

(a) Except as otherwise provided, the following restrictions shall apply to all agricultural park leases:(1) Options for renewal of terms shall be prohibited; (2) No lease shall be for a term of less than fifteen years nor more than fifty-five years, including any extension grant…

Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any agricultural park lease issued under this chapter, the board shall deliver a written notice of the breach or default by personal …

(a) Whenever any notice of breach or default is given to any party under section 4-153-34, or under the terms of any lease or other instrument issued under this chapter, a copy of the notice shall be delivered by the administrator to all holders of record having a security intere…

Upon the violation of any condition or term of any agricultural park lease to be observed or performed by the lessee, including but not limited to failure of a prospective lessee to execute the lease within thirty days after presentation thereof, the board, after due notice of de…

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. Notes Haw. Code R. § 4-153-37 [Eff 3/6/92; comp] (Auth: HRS § 91-2…

The administrator or the administrator's authorized representative has the right to inspect, at reasonable hours, the leased property in an agricultural park, and the improvements, crops, livestock, equipment, chattels, books, and records of the lessee in connection with the admi…

(a) Unless otherwise provided in a public notice of disposition of agricultural park lands, the applicant shall file an application with the department at the following location: Agricultural Resource Management Division State Department of Agriculture 1428 South King Street Hono…

(a) Fees for the processing of public documents and records shall be charged as follows: (1) Lease, Assignment of Lease, Sublease, Consent to Mortgage, Collateral Agreement, and all other documents: $30.00/document (2) Copy of public document: $.50/page (b) The cost of appraisals…

The department shall submit, as part of its annual report required by section 141-1(7), Hawaii Revised Statutes, a report on all dispositions made in the preceding year, the persons to whom made, the size of each disposition, the use, the tax map key number, the base rental and a…

(a) The division from time to time shall: (1) Reassess the agricultural park program and define new directions and priorities for the program; (2) Identify and analyze potential agricultural parks required to support the development of agricultural industries in the State; and (3…

The division shall cause agricultural park infrastructure improvements approved by the board to be established, improved, operated, and maintained. Notes Haw. Code R. § 4-153-9 [Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: HRS §§ 166-3, 166-4, 166-9)

Notes Haw. Code R. §§ 4-155-1 to 4-155-22 R MAR 17 2006

Notes Haw. Code R. §§ 4-156-1 to 4-156-23 R MAR 17 2006

(a) These rules establish the practices governing the provision of irrigation water for all department of agriculture irrigation systems and define the obligations of the board to consumers and of the consumers to the board. (b) It is the policy of the board to render adequate an…