Hawaii Administrative Code

(a) The applicant whose loan has been approved shall be responsible for: (1) Providing necessary documents, such as assignment of insurance, and compliance with the loan approval conditions; (2) Providing the department with a preliminary report and a certificate of title, lien l…

(a) Loan funds shall be disbursed only after the lien instruments have been recorded at the bureau on conveyances of the State of Hawaii. (b) The request for funds shall be initiated by the borrower and is subject to approval by the loan officer. (c) Disbursements shall be made a…

Responsibility for administration of the agricultural loan program shall be placed within the agricultural loan division. Notes Haw. Code R. § 4-8-2 [Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4)

(a) The division shall have the following powers:(1) To accept and process applications for all types of loan applications as provided in chapter 155, Hawaii Revised Statutes; (2) To disapprove loan applications in all cases where disapproval is based upon the applicant's inabili…

The division or its authorized representative has the right to inspect, at reasonable hours, the mortgaged property, the farm, the security, crops, livestock, equipment, chattels, the books, and the records of the borrower in connection with the administration of the loan. Notes …

Each borrower or guarantor shall: (1) Submit to the division an annual financial statement during the life of the loan and interim statements and reports as may be requested by the division; (2) Comply with the term loan agreement, which may be amended from time to time with appr…

Assumption of indebtedness may be considered if the person which proposes to assume the indebtedness is eligible under section 155-10, Hawaii Revised Statutes. The maker of the note cannot be released on the assumption of the indebtedness by others. Notes Haw. Code R. § 4-8-28 [E…

(a) When inability to meet a scheduled payment is caused by a natural catastrophe, depressed prices, or other external factors beyond the borrower's control, the borrower may request the department for a waiver of payment. In its discretion, the department may grant the waiver. A…

(a) Qualified farmer applicants shall have two or more years of experience in operating the applicant's own farm, of which most of the time shall have been spent on farming or most of the income shall have been derived from farming. (b) The qualified farmer applicant's ability to…

(a) A direct loan borrower may apply to the division for a subordination or partial release of collateral. The division will review such requests on a case-by-case basis. (b) The chairperson may approve a request for subordination or partial release if the borrower meets any one …

(a) Refund and canceled undisbursed funds shall be applied to the principal and returned to the loan revolving fund. (b) The department may apply payment to any loan outstanding in the case of a borrower with multiple loans from the department. Notes Haw. Code R. § 4-8-31 [Eff 1/…

Refinancing and consolidation may be considered when the loan meets the following criteria: (1) The loan is delinquent and part of the workout requires a new loan. Refinancing will cure delinquency or improve the cash flow situation, or both; (2) The borrower's financial conditio…

On all participating loans, any request for changes shall be initiated by the private lender, with recommendation for concurrence from the loan officer through the division head and disposition by the chairperson. Notes Haw. Code R. § 4-8-33 [Eff 1/31/85; comp 9/20/86] (Auth: HRS…

(a) Default, whether in the payment of any debt or in the performance of any covenant or agreement, shall constitute default under all instruments evidencing a debt from the borrower to the State. (b) Upon such a default, the State, at its option, may declare all or any part of t…

The division shall review delinquent and problem accounts to determine whether or not defaults are being satisfactorily resolved, acceptable repayment arrangements are in effect, or if a satisfactory repayment arrangement can be worked out. Any workout repayment plan shall be sub…

(a) The attorney general may act on behalf of the department to protect its interest in security for loans provided to borrowers and to otherwise pursue legal measures to effect collection on delinquent accounts. (b) The attorney general shall provide the board with timely report…

Upon payment in full, the collateral shall be released by the department through its chairperson unless the collateral is pledged to secure another debt to the State or department. Notes Haw. Code R. § 4-8-37 [Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155…

(a) When a new farmer applicant's qualifications are based on farming experience, the experience shall be relevant and contribute significantly towards the new farmer loan project. (b) New farmer applicants shall provide satisfactory proof of qualifications, including but not lim…

Responsibility for the administration of the North Kohala loan and grant program shall be placed within the department of agriculture. Notes Haw. Code R. § 4-8-43 [Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 1972, Act 197, §3)

The department or its authorized representative shall have the right to inspect, at reasonable hours, the physical facilities, the books and records of the borrower in connection with the administration of the loan under the North Kohala loan and grant program. Notes Haw. Code R.…

The borrower or guarantor shall: (1) Submit to the department an annual financial statement during the life of the loan and such interim statements and reports as may be requested by the department; (2) Comply with the term loan agreement, which may be amended from time to time w…

(a) Loans made shall be repaid in accordance with the terms of the note and payments shall be applied first to interest then to principal. (b) The department shall transmit repayments to the State and County of Hawaii in accordance with appropriate contractual agreements. (c) Add…

(a) The department, with the concurrence of the county of Hawaii, may defer payment of the installments of principal for a period not to exceed two years. (b) The borrower shall agree to keep interest payments current. Notes Haw. Code R. § 4-8-47 [Eff and comp 9/20/86] (Auth: SLH…

The department may require the borrower to refinance the balance owed on any direct loan as soon as the borrower is able to obtain credit from other sources at standard rates and terms. Notes Haw. Code R. § 4-8-48 [Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 197…

To be eligible for a loan, the applicant shall be a sound credit risk with the ability to repay the money borrowed, as determined by the department. The department's determination may be based on projections of income and expense with reasonable assumptions submitted by the appli…

(a) The applicant for a loan shall file an application with the department at any of the following locations: (1) Agricultural Loan Division State Department of Agriculture 1428 South King Street Honolulu, Hawaii 96814 (Mailing address: P.O. Box 22159, Honolulu, Hawaii 96822) (2)…

The department does not charge a filing fee for any application. However, the applicant shall pay for any actual expenses incurred, as provided in section 4-8-18. Notes Haw. Code R. § 4-8-7 [Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4)

(a) The division requires that each direct loan application shall include letters of decline as follows: (1) The applicant's bank of account (private lender); (2) One other private lender; (3) Federal Land Bank Association of Hawaii for classes "A" and "B" loans and for classes "…

(a) The applicant's reasons for requesting the loan shall be relevant to encouraging the growth, development, and well being of agriculture in the state. (b) Loan funds for vehicle purchase may be provided by the department, but only for vehicles which are clearly suitable for ag…

Notes Haw. Code R. § 4-86-1 [Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS § 486-9) R 2/21/2019

Notes Haw. Code R. § 4-86-10 [Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-11 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-12 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-13 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-1, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-14 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486D-3, 486D-4, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-15 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486D-3, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-2 [Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-21, 486-9, 486-16, 486-27, 486-30, 486D-5, 486D-6) R 2/21/2019

Notes Haw. Code R. § 4-86-3 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-2, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-2, 486D-3, 486D-7) R 2/21/2019

Notes Haw. Code R. § 4-86-4 [Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26.5, 486-27, 486D-3, 486D-4, 486D-5, 486D-7) R 2/21/2019

Notes Haw. Code R. § 4-86-5 [Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-6 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486-13, 486-19, 486-20, 486-22, 486-23, 486-24, 486-26.5, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-7 [Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26.5, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-8 [Eff. 12/26/81] (Auth: HRS §§ 486-2, 486-9, 486D-5) (Imp: HRS §§ 486-9, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-26.5, 486D-3, 486D-4, 486D-5) R 2/21/2019

Notes Haw. Code R. § 4-86-9 [Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-2, 486-9, 486-13, 486-14, 486-19, 486-20, 486-21, 486-22, 486-23, 486-24, 486-25, 486-26.5, 486D-3, 486D-5, 486D-7) R 2/21/2019

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder of this chapter and, to this end, the provisions of this chapter are severable. Notes Haw. Code R. § 4-87.1-1 [Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

A registered service person may place in service, or remove an official state rejection tag and return to service, any device that complies with chapter 4-101, by applying thereon a seal supplied by the administrator, subject to section 4-87.1-2(b). Notes Haw. Code R. § 4-87.1-10…

The administrator shall as often as deemed necessary, periodically check the effectiveness of the registered service person by follow-up investigations and tests in accord with the applicable specifications, tolerances, and other technical requirements for measures and measuremen…