Hawaii Administrative Code

Witnesses summoned shall be paid the same fees and mileage as are paid witnesses in courts of the State and the fees and mileage shall be paid by the party at whose instance the witnesses appear. Fees for depositions shall be paid by the party at whose instance the depositions ar…

(a) All contested cases shall be heard either before the commission or a hearing officer duly designated by the commission or chairman. (b) All contested case hearings shall be held on the island where the affected lessee or applicant resides. (c) The record of the hearing shall …

(a) Any individual or agency may appear, in person or by designated representative, before the commission or hearing officer in any proceeding, unless otherwise provided in subsection (c). (b) When a person acting as a representative appears in person or signs a paper before the …

(a) The following procedures shall be followed in conducting a contested case hearing before the commission or its duly appointed hearing officer: (1) The chairman or hearing officer shall convene the hearing and shall read the complaint and shall inquire whether there are any am…

(a) Except when the individual shall become unavailable to the commission, the recommended decision shall be made by the hearing officer who presided at the hearing. All findings, conclusions and orders recommended by the hearing officer shall be based upon the whole record and s…

(a) Upon filing of exceptions by a party adversely affected by the recommended decision, the commission shall grant such party an opportunity to present argument and the commission shall personally consider the whole record or such portions thereof as may be cited by such party. …

Any appeal to court for judicial review of a final decision of the commission must be made within thirty days after a person is served with a certified copy of the final decision and order of the commission. Notes Haw. Code R. § 10-5-43 [Eff 7/30/81; comp 10/26/98] (Auth: HRS § 9…

Notes Haw. Code R. §§ 10-5-44 to 10-5-50

(a) Documents or papers required or permitted to be filed with the commission in any proceeding or matter shall be filed at the office of the commission in Kapolei, Hawaii. Documents or papers may be sent by mail addressed to the Hawaiian homes commission as described in section …

On petition of an interested person, the commission may issue a declaratory order as to the applicability of any statutory authority involved, and include a complete statement of the facts and the reasons or grounds prompting the petition, together with full disclosure of petitio…

Upon receipt of the petition, the commission may require the petitioner to file additional data or a memorandum of legal authorities in support of the position taken by the petitioner. Notes Haw. Code R. § 10-5-52 [Eff 7/30/81; comp 10/26/98] (Auth: HRS § 91-8) (Imp: HRS § 91-8)…

Without notice or hearing, the commission may dismiss a petition for declaratory ruling which fails in material respect to comply with the requirements of this chapter. Notes Haw. Code R. § 10-5-53 [Eff 7/30/81; comp 10/26/98] (Auth: HRS § 91-8) (Imp: HRS § 91-8)

(a) Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing will be granted to the petitioner or to a party in interest, the commission may order such proceeding set down for hearing. Any petitioner or party in interest who desires a h…

Notwithstanding the other provisions of this chapter, the commission may, on its own motion or upon request but without notice of hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. Notes Haw. Code R. § 10-5-55 [Eff 7/30/81; comp 10/26/98] (Aut…

The commission shall assign a number to each proceeding and maintain a docket of all proceedings. Notes Haw. Code R. § 10-5-6 [Eff 7/30/81; comp 10/26/98] (Auth: HRS § 91-2) (Imp: HRS § 91-2) Am3/31/2017

(a) Computation of time shall be as established by section 1-29, HRS. (b) On written request clearly showing good cause, additional time may be granted to take actions or to file documents required or allowed by these rules. Notes Haw. Code R. § 10-5-7 [Eff 7/30/81; am and comp 1…

The commission or hearing officer, on its own motion or on motion of any party, may strike dismiss, or require amendments of any filed document that is not in substantial compliance with these rules or is otherwise insufficient. If amended, the document shall be effective as of t…

Documents filed with or presented to the commission may be retained in the files of the commission. The commission may permit replacement of original documents with properly authenticated copies. Notes Haw. Code R. § 10-5-9 [Eff 7/30/81; am and comp 10/26/98] (Auth: HRS § 91-2) (…

The purpose of the Native Hawaiian development program is to improve the general welfare and condition of native Hawaiians through educational, economic, political, social, cultural and other programs. Notes Haw. Code R. § 10-6.1-1 [Eff and comp 10/26/98] (Auth: HHC Act §222) (Im…

(a) The native Hawaiian development program shall have a hierarchical structure of goals, objectives, and action plans. The primary goal of the native Hawaiian development program shall be to increase the self-sufficiency and self-determination of native Hawaiian individuals and …

(a) The native Hawaiian development program plan shall specify the goals, objectives, action plans, and implementing mechanisms applicable during the fiscal biennium covered by the plan. (b) The department may utilize the following resources to establish the goals, objectives, ac…

The department shall provide standard forms for requesting financial assistance. The standard forms shall be designed for the specific type of assistance being requested. Notes Haw. Code R. § 10-6.1-4 [Eff and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §222)

(a) Each type of assistance offered may have unique eligibility requirements that shall be specified in the native Hawaiian development program plan. Common to all types of assistance shall be the minimum requirement that the beneficiaries of the assistance must be native Hawaiia…

The native Hawaiian development program shall be funded by the native Hawaiian rehabilitation fund, and federal, state, county, and private sources. Notes Haw. Code R. § 10-6.1-6 [Eff and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §222)

(a) The department shall submit a report on the native Hawaiian development program to the commission. The report shall cover the activities of the previous fiscal year, and include: (1) A description of the plans of action implemented; (2) A summary of specific projects, organiz…

As used in this chapter and any kanawai or governing documents unless otherwise required by the context: "Assessments" means funds collected by an association from association members to operate and manage the association, maintain property within the planned community or multi-f…

(a) The declarant shall cause the declaration to be drafted according to the following: (1) The declaration shall be in conformity with all relevant Hawaii law; and (2) The declaration shall include the document developed under subsection 10-7-4(b) and accordingly take in to acco…

The declarant is authorized to adopt supplemental provisions in accordance with this chapter to implement and carry out the purposes of this chapter; provided that any of the supplemental provisions adopted shall not conflict with the act and this title. Notes Haw. Code R. § 10-7…

Notes Haw. Code R. §§ 10-7-13 to 10-7-15

The declarant shall establish the association not later than the date upon which the first unit in the planned community or a multi-family complex is ready for occupancy. Notes Haw. Code R. § 10-7-16 [Eff AUG 17 2019] (Auth: HHC Act §222) (Imp: HHC Act §207.5)

(a) As appropriate for the development and when provided in the declaration, the declarant may maintain a class B membership in the association for a fixed period while units are being awarded and first occupied. This period shall be known as the period of declarant control and s…

The association may be made up of lessees and the declarant, and divided in to two membership classes. (1) Lessees shall maintain a class A membership. (2) The declarant may maintain a class B membership for a fixed period. Class B membership shall terminate and may convert to a …

Class A membership and class B membership shall have voting powers as set by the declarant in the declaration, provided each class A member shall have one vote and, during the period of declarant control, class B membership shall have a greater number of votes per lot or unit tha…

(a) This chapter shall apply to all planned community and multi-family complex developments on Hawaiian home lands that are designated as residential use in the relevant island plan and for which the declaration is recorded after the effective date of this chapter. (b) This chapt…

(a) Assessments rates shall be set after the lots have been designed and plotted, number of lots in the development are finalized, and preliminary budget determined. Lots intended to be vacant due to engineering constraints or health and safety concerns shall not be included in c…

(a) The department shall use all due diligence to fill developed units that become unoccupied. The department shall not be responsible for assessments due on those units unless the assessments lost due to the number of empty units threatens the viability of the association. (b) A…

Each association shall adopt a budget and rate schedule, according to the governing documents, and submit the budget and rate schedule to the department between June 1 and June 30 of each year. Notes Haw. Code R. § 10-7-22 [Eff AUG 17 2019] (Auth: HHC Act §222) (Imp: HHC Act §207…

Notes Haw. Code R. §§ 10-7-23 to 10-7-25

(a) To facilitate informed decision-making by residential applicants, before award letters are mailed, the department shall notify the appropriate applicant field of a mandatory planned community orientation. This orientation shall provide an overview of rights, responsibilities,…

(a) Upon signing the lease, the lessee shall become a member of the association. By signing the lease, lessee also agrees to abide by the governing documents. (b) Lessees shall ensure that members of their family who reside with the lessee, and guests and invitees of such lessee,…

The lessee shall pay assessments to the association in accordance with the governing documents. Notes Haw. Code R. § 10-7-28 [Eff AUG 17 2019] (Auth: HHC Act §222) (Imp: HHC Act §207. 5)

The lessee shall not construct or alter any improvements on the property except in accordance with the governing documents and with written approval of the department under section 10-3-34. Notes Haw. Code R. § 10-7-29 [Eff AUG 17 2019] (Auth: HHC Act §222) (Imp: HHC Act §207.5)…

(a) The department may award residential leases under the authority of this chapter. (b) Any combination, or all of the department, the developer, and the property management company may enter into contracts of sale or rental agreements with native Hawaiians as verified by the de…

Notes Haw. Code R. §§ 10-7-30 to 10-7-34

The association, all lessees, and other persons lawfully in possession and control of any property interest shall comply with the bylaws, any rules lawfully adopted by the association, and any covenant, condition, and restriction set forth in any recorded document to which they a…

(a) The declaration shall include a formal process for the association to enforce the governing documents, including collection of delinquent assessments and any lease violations. (b) The association shall adopt a collection policy with formal procedures whereby the lessee shall …

Any violation is grounds for the association, any lessee, or lawful interest holder to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action. The department shall not be party to any civ…