Hawaii Administrative Code

The petition requesting an adoption, amendment, or repeal of any design specification 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 representa…

The petitioner shall file the petition requesting the board to adopt, amend, or repeal any design specification to the board's office. Notes Haw. Code R. § 11-216-101 [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 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, (2) Initiate proceedings as provided under this chapter, or (3) Notify the petitioner of action to…

Every petition requesting the adoption, amendment, or repeal of any design specification shall be reviewed by the facility access unit. A petition requesting the adoption, amendment, or repeal of any design specification may be submitted directly to the board. Submission of a pet…

The board may dismiss any petition which requests the adoption, amendment, or repeal of any design specification if the petition fails to comply with the requirements of § 11-216-100 of these rules. Notes Haw. Code R. § 11-216-104 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (…

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

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. § 11-216-106 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 10…

The presiding officer or his or her designee shall maintain a docket of all requested actions for adoption, amendment, or repeal of any design specification and each request shall be assigned a number. Notes Haw. Code R. § 11-216-107 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6…

(a) An individual may appear in their own behalf, and an officer or employee of any 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…

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. § 11-216-109 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Im…

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, if he or she finds that such consolidation or conte…

(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 design specification 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 a design specification 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…

Document retention shall be in accordance with section 11-216-56. Notes Haw. Code R. § 11-216-115 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

(a) Unless otherwise provided by statute, rule 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 availab…

(a) All construction documents submitted to the board for review shall be filed with the appropriate review fee at the board office during regular office hours. Construction documents with the appropriate review fee may be sent by mail or hand-carried to the board in Honolulu, Ha…

The board staff shall review all construction documents filed with the board for each project subject to section 103-50, HRS, and shall prepare a written report listing items in the construction documents that do not conform to the accessibility guidelines, Notes Haw. Code R. § 1…

(a) If an applicant submits a design that departs from the minimum requirements for accessibility as specified in the accessibility guidelines, the submitted design shall provide equal or greater accessibility. As required by this chapter, an applicant shall submit in writing a r…

(a) If, during document review the applicant or board staff finds that a clarification of a portion of the accessibility guidelines is necessary, the applicant or board staff shall submit in writing a request for an interpretive opinion to the board as required by this chapter. (…

(a) The staff shall forward the document review report with the project's construction documents to the department or agency project manager or design consultant that originated the submittal. (b) The written report shall list the title and date of the construction plan, specific…

(a) When an applicant for a site specific alternate design or similar action has an application pending before the board, the board may require the applicant to pay all costs related to the processing of said application. Costs may include processing fees, proceeding costs and co…

(a) All written documentation filed with or presented to the board regarding a specific project shall be retained in the files of the board until the board orders otherwise. (b) Documentation shall include, but is not limited to, written reports, site survey reports, technical as…

Notes Haw. Code R. §§ 11-216-21 to 11-216-28

Notes Haw. Code R. § 1-216-29 R NOV 25 2013

(a) The office of the board is at Honolulu, Hawaii. All communications applicable to this chapter shall be addressed to the chairperson of the board, Honolulu, Hawaii, unless otherwise specifically directed. (b) For purposes of this chapter, the regular office hours of the board …

Notes Haw. Code R. § 11-216-30 R NOV 25 2013

Notes Haw. Code R. § 11-216-31 R NOV 25 2013

(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.…

Notes Haw. Code R. § 11-216-40 R 9/20/03

Notes Haw. Code R. § 11-216-41 R NOV 25 2013

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…