Hawaii Administrative Code

An archaeologist serving as principal investigator for any archaeological project shall have the following professional qualifications: (1) A graduate degree from an accredited institution in archaeology, or anthropology, with a specialization in archaeology, or an equivalent fie…

An architect shall possess a Hawaii license to practice architecture. Notes Haw. Code R. § 13-281-4 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-3, 6E-7, 6E-6, 6E-42)

An architectural historian shall possess one or both of the following professional qualifications: (1) A graduate degree from an accredited institution in architectural history, art history, historic preservation, or a closely related field with coursework in American architectur…

(a) An ethnographer shall possess one of the following professional qualifications: (1) A graduate degree from an accredited institution in anthropology, with a specialization in cultural or social anthropology, or in a closely related field; or (2) A bachelor's degree from an ac…

A historian shall possess one or both of the following professional qualifications: (1) A graduate degree from an accredited institution in history or a closely related field. (2) A bachelor's degree from an accredited institution in history or a closely related field, plus at le…

A physical anthropologist shall possess the following professional qualifications: (1) A graduate degree from an accredited institution in anthropology or anatomy with a specialization in physical anthropology and human osteology or forensic anthropology; and (2) Demonstrated abi…

The state historic preservation division, upon request, shall advise agencies or persons whether an individual meets the minimal professional qualifications. The state historic preservation division shall maintain a list of archaeologists who are known by the SHPD to meet these m…

Chapter 6E, HRS, authorizes the department of land and natural resources to regulate archaeological activities throughout the state. This rule establishes a permit system for all archaeological field work undertaken anywhere in this state, other than on federal lands, to ensure t…

As used in this chapter unless the context requires otherwise; "Agency" means any state or county governmental entity. "Applicant" means archaeological consulting firms, museums, universities, non-profit institutions, or scholars who desire to undertake archaeological field work …

(a) No archaeological firms, independent individuals, agencies or organizations shall perform any alteration to historic properties in the state of Hawaii until an annual permit is first obtained from the department. Permits shall only be issued to archaeological consulting firms…

An archaeological permit application shall be accompanied by a filing fee of $50. All fees shall be in the form of cash, certified or cashier's check, and payable to the Hawaii historic preservation special fund. Notes Haw. Code R. § 13-282-4 [Eff DEC 11 2003] (Auth: HRS § 6E-3) …

Should a party alter an archaeological property without a permit or should not fulfill a permit's conditions: (1) The principal investigator of the archaeological work or the firm, or both shall be subject to penalties as covered under section 6E-11, HRS; (2) The principal invest…

(a) Burial sites with human skeletal remains have cultural significance and are sensitive historic properties, significant to the descendants and to the relevant cultural group. Burials are quite different from other historic properties. Human remains, under American Common law, …

As used in this chapter unless the context requires otherwise: "Ahupua'a" means a traditional Hawaiian land division usually extending from the mountain to the sea. "Burial site" means any specific unmarked location where prehistoric or historic human skeletal remains and their a…

The procedures for osteological analysis are set forth in chapter 13-300. Recording shall involve completion of forms available at the SHPD. Only those forms which are relevant to the recovered remains are to be completed. The forms are: (1) Individual summary record. (2) Burial …

(a) A report on the osteological analyses, shall be prepared by a physical anthropologist meeting the qualifications set forth in chapter 13-281. The report shall include the following: (1) Abstract, including the number of individuals studied, their ethnic affiliation and the na…

Because human remains are highly sensitive to many individuals and ethnic groups, all archaeological excavations and osteological laboratory analysis shall treat the remains with dignity and respect. Notes Haw. Code R. § 13-283-5 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ …

Non-compliance with the provisions and procedures established by this chapter shall result in a denial or revocation of SHPD's written historic preservation review concurrence or agreement, and shall also be penalized as provided in section 6E-11, HRS, and applicable laws. Notes …

(a) The purpose of this chapter is to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of Hawaii by articulating a historic preservation review process for projects requiring the approval of a state or…

(a) The historic preservation review process ends when: (1) SHPD agrees that adequate procedures have been taken to determine if historic properties are likely to be present in the project area, and no historic properties are found to be present or historic properties are conside…

(a) Upon the request of an agency the SHPD shall reconsider the findings under sections 13-284-5 (adequate identification and inventory procedures), 13-284-6 (significance evaluations), 13-284-7 (determination of effects), and 13-284-8 (mitigation), should an agency believe new i…

If a previously unknown historic property is found after the acceptance of an inventory report or during the implementation of a project, then the historic preservation review process shall be reopened. This action, however, applies only to the immediate area where a historic pro…

Failure to obtain the written comments of the SHPD in accordance with this chapter shall result in a SHPD comment to the agency not to proceed with the project. Notes Haw. Code R. § 13-284-13 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-1, 6E-3, 6E-10, 6E-11, 6E-42)…

As used in this chapter unless the context requires otherwise: "Adverse effects" means any alteration to the characteristics of a historic property. "Agency" means any state or county governmental entity. "Archaeological data recovery" means the form of mitigation that archaeolog…

(a) A historic preservation review may involve up to six procedural steps, in order to determine if significant historic properties are present and, if so, to develop and execute a detailed mitigation plan and thereby satisfactorily take into account the impact of the project on …

(a) Filing fees will be charged for the following: (1) $50 for an archaeological assessment report; (2) $150 for an archaeological inventory survey plan; (3) $450 for an archaeological, architectural, or ethnographic inventory survey report; (4) $150 for a preservation plan; (5) …

(a) The agency shall ensure whether historic properties are present in the project area and, if so, it shall ensure that these properties are properly identified and inventoried. (b) An agency shall first consult the SHPD to determine if the area proposed for the project needs to…

(a) Once a historic property is identified, then an assessment of significance shall occur. The agency shall make this initial assessment or delegate this assessment, in writing, to the SHPD. This information shall be submitted concurrently with the survey report, if historic pro…

(a) The effects or impacts of a project on significant properties shall be determined by the agency. Effects include direct as well as indirect impacts. One of the following effect determinations must be established: (1) "No historic properties affected". The project will have no…

(a) If a project will have an "effect" (impact) on significant historic properties, then a mitigation commitment proposing the form of mitigation to be undertaken for each significant historic property shall be submitted by the agency to the SHPD for review and approval. This pro…

(a) Once the detailed mitigation plans are carried out, a request for verification shall be submitted by the agency to the SHPD. This request shall document completion of the detailed mitigation plan's tasks--usually in the form of a completion report, with one copy submitted. (b…

For the purposes of preserving, and conserving all manner of flora and fauna, the board of land and natural resources hereby establishes a policy of setting aside selected parcels of land under its control as wilderness preserves. Notes Haw. Code R. § 13-3-1 [Eff. JUN 22 1981] (A…

(a) The area shown on the map entitled "Alakai Wilderness Preserve", June 30, 1981, attached at the end of this chapter, is hereby declared a wilderness preserve, and shall be known henceforth as the Alakai wilderness preserve. (b) In addition to the provisions of chapter 104, Ti…

This chapter recognizes and sets forth the rights and privileges of individuals or groups to engage publicly in assemblies and meetings, or to sell or distribute literature in parks and other sites designated in this chapter under the jurisdiction, management, and operation of th…

These rules govern expressive activities in parks and other sites designated in this chapter under the jurisdiction, management, and operation of the department of land and natural resources. Notes Haw. Code R. § 13-7-2 [Eff MAY 06 1996] (Auth: HRS §§ 171-6, 171-7) (Imp: HRS §§ 1…

As used in this chapter unless the context clearly indicates otherwise: "Board" means the board of land and natural resources of the State of Hawaii. "Chairperson" means the chairperson of the board of land and natural resources, or a designee. "DLNR" means the state department o…

These rules shall apply to all areas designated as DLNR parks and certain other areas under the management and control of the DLNR divisions and offices. These certain other areas are designated as: (1) Fort DeRussy Beach; (2) Historic preserves; (3) Natural area reserves; (4) Fo…

Soliciting and the sale of gifts, money, goods, or services on DLNR land is prohibited, except pursuant to: (1) Section 13-7-7; (2) A concession, lease, or contract issued by DLNR; or (3) A permit issued by DLNR, valid as of the effective date of these rules. Notes Haw. Code R. §…

(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other such events, including those recognized under chapter 7, Hawaii Revised Statutes, resulting in assemblies of twenty-five or more persons are allowed on DLNR land, provided a permit for such event has …

(a) The sale or distribution of literature is allowed on DLNR land. However, the use of a portable table or chair to sell or distribute literature on DLNR land, in sizes and numbers acceptable to the chairperson, is allowed only if a permit for such use has been issued by the cha…

(a) Any person violating any provision of this chapter shall be subject to a fine of not more than $500 a day for the first offense and shall be liable for administrative costs incurred by DLNR and for payment of any damage suffered by DLNR. Upon a second and any subsequent offen…

The purpose of this chapter is to establish a uniform internal complaint procedure that may be used to consolidate multiple existing complaint procedures within each department to minimize confusion and possible loss of rights in filing a complaint. Notes Haw. Code R. § 14-13.01-…

This chapter shall apply to all employees and members of the general public who wish to complain about any matter concerning State government Notes Haw. Code R. § 14-13.01-2 [Eff 4/1/02; comp DEC 01 2003] (Auth: HRS § 76-42, SLH 2000, Act 253) (Imp: HRS § 76-42, SLH 2000, Act 253…

(a) Nothing in these rules restricts the right of any employee or member of the general public to lodge a complaint concerning any matter relating to State government except those complaints by employees that are required to be disposed of in accordance with collective bargaining…

Each department head shall establish a uniform internal complaint procedure applicable to all employees concerning employees and members of the general public whose complaints are within the jurisdiction of the merit appeals board. Each department head may establish a uniform int…

The internal complaint procedures shall be exhausted before an appeal is filed with the merit appeals board. Appeals to the merit appeals board shall be in accordance with section 76-14, HRS, and in accordance with such rules of practice and procedure as may be adopted by the boa…

When an appeal is not under the jurisdiction of the merit appeals board but some other administrative agency or appellate body, the complainant is responsible for the timely filing of an appeal with the appropriate agency regardless of whether the internal complaint procedure und…

The purpose of this chapter is to provide for orderly and uniform procedures for the resignation of employees from state service. Notes Haw. Code R. § 14-14.01-1 [Eff JAN 28 2005] (Auth: HRS §§ 76-17, 76-30) (Imp: HRS § 76-30)

This chapter shall apply to civil service and exempt employees unless otherwise specified. Notes Haw. Code R. § 14-14.01-2 [Eff JAN 28 2005] (Auth: HRS §§ 76-17, 76-30) (Imp: HRS § 76-30)

When an employee elects to separate from the service, the employee shall notify the appointing authority in writing at least fifteen calendar days before the date of the separation, unless the appointing authority waives this requirement, or due to circumstances specified under s…