Hawaii Administrative Code

(a) The construction of all public buildings, facilities, and sites by the State or county or on behalf of the State or any county subject to this chapter, shall be prepared so the buildings, facilities, and sites are readily accessible to and usable by persons with disabilities.…

Any interested person may file a request for an interpretive opinion as to the applicability of any provision administered by the board or of any rule, order, or design specification of the board. Notes Haw. Code R. § 11-216-42 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp…

All requests for an interpretive opinion shall be in writing and shall include: (1) The requester's name, mailing address, and telephone number; (2) The requester's signature or the signature of the requester's authorized representative or attorney; (3) A designation of the speci…

The requester shall file the request for an interpretive opinion to the board's office. Notes Haw. Code R. § 11-216-44 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

(a) Within sixty calendar days after the request is filed, the board shall: (1) File a written ruling denying the request and stating the board's reason or reasons for the denial, (2) Initiate proceedings as provided under this chapter, or (3) Notify the petitioner of action to e…

The facility access unit shall review every petition requesting an interpretive opinion. A petition requesting an interpretive opinion may be submitted directly to the board. Submission of a petition directly to the board does not preclude review by the facility access unit. Note…

The board may dismiss any request for an interpretive opinion which fails to comply with the requirement of § 11-216-43 of these rules. Notes Haw. Code R. § 11-216-47 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

At the board's discretion and upon written notice to the requester, the board may provide written notification of the request for an interpretive opinion to any person or persons for review and recommendations on the request. Notes Haw. Code R. § 11-216-48 [Eff and comp NOV 25 20…

A proceeding may be commenced by the board in its own discretion or upon the application of any interested person when the processing of such application necessitates such a proceeding. Notes Haw. Code R. § 11-216-49 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103…

(a) The review fee for construction documents filed with the board on or after January 1, 2013 shall be four-tenths of one percent for the first $500,000 of the estimated construction cost plus two-tenths of one percent of the estimated construction costs greater than $500,000 up…

At its discretion, the board may hold an informal proceeding or a public proceeding on the request before the board files its written ruling on the request. Notes Haw. Code R. § 11-216-50 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

The presiding officer or his or her designee shall maintain a docket of all requested interpretive opinions and each request shall be assigned a number. Notes Haw. Code R. § 11-216-51 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

(a) An individual may appear in their own behalf, and an officer or employee of an agency of the State or a political subdivision of the State may represent such agency in any proceeding before the board. (b) A person may be represented by or with counsel in any proceeding under …

The presiding officer, in his or her discretion or upon request, may consolidate and contemporaneously consider two or more cases which involve substantially the same parties, or issues which are the same or closely related, if he or she finds that such consolidation or contempor…

All interpretive opinion proceedings shall be held at the time and place set in the notice of proceeding; however, the presiding officer may at such time and place continue the proceeding from day to day or adjourn the proceeding to a later day or to a different place without not…

All final orders, opinions, or rulings entered by the board in an interpretive opinion proceeding shall be served upon the parties or persons participating in the proceeding by mailing a copy of the decision and orders and accompanying findings and conclusions within a reasonable…

(a) All documents filed with or presented to the board shall be retained in the files of the board until the board orders otherwise. (b) Document retention and disposition standards shall be in accordance with statewide general records retention schedule and board's record retent…

(a) Unless otherwise provided by statute, rules, or order of the board, all information contained in any pleading, submittal, petition, application, charge, statement, recommendation, report, map, exception, brief, memorandum, or other document filed with the board shall be avail…

Nothing in this chapter shall operate to prevent the board, in its own discretion, from issuing an interpretive opinion to terminate a controversy or to remove uncertainty. Notes Haw. Code R. § 11-216-58 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/1…

Notes Haw. Code R. §§ 11-216-59 to 11-216-63

(a) Additions and alterations to existing public buildings, facilities, and sites, including qualified historic public buildings, facilities, and sites, shall comply with this chapter. (b) Each addition to an existing public building, facility, or site shall comply with the requi…

(a) Every petition requesting a site specific alternate design shall be reviewed by the facility access unit. A petition requesting the board to hold a proceeding on a site specific alternate design may be submitted directly to the board. Submission of a petition directly to the …

(a) All documents related to a petition for a site specific alternate design shall be filed at the board office during regular work hours" Such papers may be sent by mail, hand-carried to the board, or as set forth in any law, rule or regulation for such filing. The date on which…

(a) Within sixty calendar days after the site specific alternate design petition is filed, the board shall: (1) File a written ruling denying the petition and stating the board's reason or reasons for the denial, or (2) Initiate and complete site specific alternate design review …

(a) A request by an aggrieved person or proper party or by an interested agency, or the State or county governments, requesting a site specific alternate design review shall contain concise statements of: (1) The legal authority under which the proceeding or action is to be held …

(a) No review on a request for a site specific alternate design shall be held until notice has been given to all parties. Unless otherwise provided by law, all parties shall be given written notice of the review at least fifteen calendar days before the proceeding. (b) Unless oth…

A review on a matter may be commenced by the board or upon the application of any interested person when the processing of such application necessitates such a review. Notes Haw. Code R. § 11-216-69 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/201…

(a) All departments or agencies of the state or county shall seek the advice and recommendations from the disability and communication access board on all construction documents to ensure conformance with the accessibility guidelines as required by this chapter. (b) Each state or…

The presiding officer or his or her representative shall maintain a docket of all requested site specific alternate designs and each request shall be assigned a number. Notes Haw. Code R. § 11-216-70 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/20…

(a) Individuals may appear on their own behalf, or an officer or employee of an agency of the State or a political subdivision of the State may represent such agency in any review proceeding before the board. (b) A person may be represented by or with counsel. (c) A person shall …

Upon request and for good cause shown, the presiding officer may order substitution of parties, except that in case of death of a party, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 11-216-72 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp…

The presiding officer, in his or her own discretion or upon request, may consolidate and contemporaneously consider two or more cases which involve substantially the same parties, or issues which are the same or closely related. Rulings will be site specific, and no requests for …

(a) Any person not a party to the action may seek to become a party by filing a request to intervene. The request shall state the grounds upon which the person claims to have an interest in the proceeding- At least ten calendar days before the proceeding, the person shall file th…

If any document initiating, or filed in, a proceeding is not in substantial conformity with the applicable rules or regulations of the board as to the contents thereof, or is otherwise insufficient, the board, in its discretion, or upon the request of any party, may strike or dis…

All site specific alternate design review proceedings shall be held at the time and place as set forth in the notice of proceeding, he presiding officer may continue the proceeding from day to day or adjourn to a later date or to a different place without further notice, provided…

All final orders, opinions, or rulings entered by the board in a review proceeding shall be served upon the parties or persons participating in the proceeding by mailing a copy of the decision and orders and accompanying findings and conclusions within a reasonable time to each p…

Document retention shall be in accordance with section 11-216-56. Notes Haw. Code R. § 11-216-78 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

(a) Unless otherwise provided for by statute, these rules, or order of the board, all information contained in any pleading, submittal, petition, application, charge, statement, recommendation, report, map, exception, brief, memorandum or other document filed with the board shall…

(a) Unless Otherwise provided for by statute, these rules, or order of the board members, all information contained in any submittal, petition, statement, recommendation, report, map, brief memorandum or other document filed with the board shall be available for inspection by the…

Notes Haw. Code R. §§ 11-216-80 to 11-216-84

(a) When the board proposes to issue, amend, or repeal a guideline for a design specification which is not covered in the Americans with Disabilities Act Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191, or the Fair Housing Amendments Act Accessibility Gui…

For any issuance of new guidelines where the board deems it warranted, an additional notice of the proceeding will be issued by publication thereof in a newspaper of general circulation in the State. Notes Haw. Code R. § 11-216-86 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (…

Each proceeding shall be presided over by the chair of the board or his or her designee. The proceeding shall be conducted to afford all interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and to obtain a clear and orderly record. Th…

At the commencement of the proceeding, the presiding officer shall read the notice of proceeding and shall then outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of the proceeding as the presiding of…

All interested persons shall be given reasonable opportunity to offer testimony with respect to the matters specified in the notice. Every witness shall, before proceeding to testify, state his or her name, address, and whom he or she represents at the proceeding, and shall give …

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

All interested persons or agencies of the State or political subdivisions of the State will be afforded an opportunity to submit data, views or arguments, which are relevant to the issues. In addition, or in lieu thereof, persons or agencies may also file with the board within fi…