Hawaii Administrative Code

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…

Unless otherwise specifically ordered by the presiding officer, testimony given at a design specification proceeding shall not be reported verbatim. All supporting written statements, maps, charts, tabulations or similar data presented at the proceeding, and which are deemed to b…

All design specification proceedings shall be held at the time and place as set forth in the notice of the proceeding. The 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 such an ann…

Notwithstanding the foregoing rules, if the board finds that an imminent peril to public health or safety requires adoption, amendment, or repeal of a design specification upon less than twenty calendar days notice of a proceeding, and states in writing its reason for such findin…

Notes Haw. Code R. §§ 11-216-94 to 11-216-98

Any interested person may file a petition requesting the board to adopt, amend, or repeal any design specification. Notes Haw. Code R. § 11-216-99 [Eff and comp NOV 25 2013] (Auth: HRS § 348F-6) (Imp: HRS § 103-50) Comp 5/14/2017

Notes Haw. Code R. § 11-218-8.1 [Eff and comp 11/6/00; comp 12/24/01; am and comp 10/13/05; comp 7/23/07; comp 02/27/09; Comp OCT 27 2011] (Auth: HRS § 348F-6) (Imp: HRS § 348F-3) R 8/14/2020

Notes Haw. Code R. § 11-218-10 R 6/10/94

Notes Haw. Code R. § 11-218-11 R 6/10/94

(a) A candidate for a Hawaii State Sign Language Interpreter Credential shall complete an application form available from the board and upon payment of a fee as listed in 11-218-13.5. (b) Upon receipt of the application, fee, verification of successful passing of the HQAS test or…

Notes Haw. Code R. § 11-218-13 [Eff 5/17/91; am and comp 6/10/94; comp 4/3/97; am and comp 11/6/00; am and comp 12/24/01; comp 10/13/05; comp 7/23/07; comp 02/27/09; am and comp 0CT 27 2011] (Auth: HRS § 348F-6) (Imp: HRS § 348F-3) R 8/14/2020

The board is encouraged to recognize and honor providers with current and valid credentials issued by entities other than the State. The board shall examine the parity of credentials issued by other entities to determine if and at what level a provider with another credential may…

If any provision of this chapter or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, the remaining portion of these rules or the application thereof to any person or circumstance shall not be affected. Notes Haw. Code…

Notes Haw. Code R. § 11-218-7.2 R 11/6/00

As used in this chapter, unless the context clearly indicates otherwise: "Board" means the disability and communication access board. "Communication access services" means services rendered by a provider to facilitate communication between the person who is deaf, hard of hearing,…

(a) The HQAS test shall be administered by the state screening agency. (b) To apply for the HQAS test, a candidate shall submit an application form and pay the test application fee. Upon confirmation of the completed application and required fee, the state screening agency shall …

(a) The board shall establish a fee to be charged to each candidate applying for the HQAS test, a Hawaii State Sign Language Interpreter Credential, renewal of a Hawaii State Sign Language Interpreter Credential, or a provisional credential. (b) Fees collected under this section …

(a) Upon application and payment of a fee, the state screening agency may issue a provisional credential to a provider of interpreter services who possesses a credential issued by an entity other than the credentials recognized by the state, provided that the credential is valid …

Notes Haw. Code R. § 11-218-7 R 11/6/00

(a) Any person who is deaf, hard of hearing, or deaf-blind shall inform a state agency of the need for communication access services, allowing reasonable time to hire providers. (b) A state agency shall hire the preferred qualified providers of the person who is deaf, hard of hea…