Hawaii Administrative Code

(a) Registration. Every registrant shall pay a filing fee according to this subsection. The filing fee shall be submitted with the registration and shall not be refunded nor applied to any later registration after filing or denial of a registration. Fees shall be made payable to …

(a) Unless otherwise specified, each registration, notice of intent, permit application, and any information required to be submitted to the director shall be signed and certified as required by 40 CFR §122.22. (b) Each person who knowingly makes any false statement, representati…

(a) Timing. Completed registrations forms required under section 11-62-50 shall be submitted as follows.(1) For existing lands, facilities, and operations, not later than ninety days after the effective date of this rule; and (2) For new lands, facilities, and operations, no late…

Standard permit conditions for individual permits are contained in Appendix A entitled Wastewater Management Individual Permit Standard Conditions dated July 1, 2014, and located at the end of this chapter. Notes Haw. Code R. § 11-62-56 [Eff and comp 12/09/2004] (Auth: HRS §§ 342…

(a) Any board or body who reviews or approves applications for new, modified, or renewed individual permits shall not include as a member any person who receives, or has during the previous two years received, a significant portion of that person's income directly or indirectly f…

This subchapter applies to all persons who own or conduct operations that haul or pump wastewater or wastewater sludge, including septage and grease, and including cesspool pumping firms (collectively "pumpers"). Notes Haw. Code R. § 11-62-60 [Eff and comp 12/09/2004] (Auth: HRS …

In addition to meeting the registration requirements of sections 11-62-50(b)(4) and 11-62-53, each pumper shall submit with its registration: (1) A statement signed by the owner of the wastewater and wastewater sludge pumping and hauling firm attesting that:(A) The owner has read…

In addition to meeting the requirements of section 11-62-53(c) and (d), each pumper shall maintain the following types of records and information. Such information shall be made available upon request to any state, county, or federal wastewater agency regulating or managing waste…

(a) Variances and variance applications shall comply with section 342D-7, HRS. (b) Variance application forms shall be provided by the department. All applications for variances shall be submitted with a. filing fee of $300 for each application. Additionally, the applicant shall …

Any person who violates any provision of this chapter shall be subject to the penalties and remedies for violations provided for in chapters 321, 322-part I, 342D, and 342H, HRS. Notes Haw. Code R. § 11-62-72 [Eff 12/10/88; § 11-62-42; ren, am and comp 12/09/2004] (Auth: HRS §§ 3…

If any provision of this chapter or its application to any person or circumstance is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby. Notes Haw. Code R. § 11-62-73 [Eff 12/10/88; §…

The department shall provide for public participation in enforcement relating to violations of subchapters 4 and 5 at least to the extent specified in 40 CFR §501.17(d)(2). Notes Haw. Code R. § 11-62-74 [Eff and comp 12/09/2004] (Auth: HRS §§ 342D-4, 342D-5) (Imp: HRS §§ 342D-2, …

This subchapter authorizes field citations to effectively and quickly settle easily verifiable violations of chapters 322 and 342D, HRS, and this chapter. Settlements under this section are an additional remedy and do not supplant the director's authority to issue orders under se…

(a) A field citation is an offer to settle an administrative case against a specific violation on a specific day. Instead of issuing a formal notice and finding of violation and order, the director, in the director's sole discretion, through any authorized employee, may issue a f…

(a) A person issued a field citation may accept the citation by: (1) signing the field citation; (2) Paying the full amount indicated by the field citation. Payment shall be made payable to the 'State of Hawaii" by check, cashier's check, money order or as otherwise specified by …

The department shall prescribe a field citation form. Notes Haw. Code R. § 11-62-84 [Eff and comp 12/09/2004] (Auth: HRS §§ 321-11, 322-8(a), 342D-1, 342D-4, 342D-5) (Imp: HRS §§ 321-11, 322-1 to 4, 322-8, 342D-2, 342D-4, 342D-5, 342D-9, 342D-18, 342D-31, 342D-50) [Eff and comp 1…

(a) These rules establish fees for loans and other financial assistance from the water pollution control revolving fund established by section 342D-83, Hawaii Revised Statutes, also known as the clean water state revolving fund or CWSRF. The fees are intended to cover the costs o…

As used in this chapter: "CWSRF" means the clean water state revolving fund. This refers to the state' s water pollution control revolving fund established in section 342D-83, HRS, which is a water pollution control revolving fund under 33 U.S.C. §§1381 - 1387. "Director" means t…

The director may charge loan fees for any CWSRF loan. The loan fee shall be an annual rate, computed on the outstanding principal balance of the loan. Notes Haw. Code R. § 11-65-03 [Eff 5/5/97; am and comp 6/1/00; comp 1/22/02; comp 5/17/03; comp NOV 18 2011] (Auth: HRS §§ 342D-8…

Notes Haw. Code R. § 11-65-04 Reserved 10/8/2015

All loan fees and fees for other financial assistance collected shall be deposited into a CWSRF loan fee administrative account. At the end of each fiscal year, any funds within the CWSRF loan fee administrative account (less encumbrances) in excess of $3 million shall be transfe…

A loan default occurs when the recipient of a CWSRF loan fails to remit the loan repayments as established in a CWSRF loan agreement, or when a condition specified in a CWSRF loan agreement as a default is met. Notes Haw. Code R. § 11-65-06 [Eff 5/5/97; am and comp 6/1/00; comp 1…

Notes Haw. Code R. § 11-65-07 Reserved 10/8/2015

(a) Procedures for notice of loan default shall be included in the CWSRF loan agreements. (b) In the event of a loan default, the director is entitled to collect interest from the recipient on the amount of each overdue repayment at the effective rate of twelve per cent simple in…

Notes Haw. Code R. § 11-65-09 Reserved 10/8/2015

The director may charge loan, fees for any DWSRF loan. ' The loan fee shall be an annual rate, computed on the outstanding principal balance of the loan. Notes Haw. Code R. § 11-65-10 [Eff 6/1/0 0; comp 1/22/02; comp 5/17/03; am and comp N0V 18 2011] (Auth: HRS §§ 340E-33(d)) (Im…

All loan fees and fees for other financial assistance collected for DWSRF loans shall be deposited into a DWSRF loan fee administrative account. At the end of each fiscal year, any funds within the loan fee administrative account (less encumbrances) in excess of $2.0 million shal…

A loan default occurs when the recipient of a DWSRF loan fails to remit the loan repayments as established in a DWSRF loan agreement, or when a condition specified in a DWSRF loan agreement as a default is met. Notes Haw. Code R. § 11-65-12 [Eff and Comp 6/1/00; comp 1/22/02; com…

(a) Procedures for notice of loan default shall be included in the DWSRF loan agreements. (b) In- the event of a loan default, the director is entitled to collect interest from the recipient on the amount of each overdue repayment at the effective rate of twelve per cent simple i…

This chapter establishes minimum standards and requirements for licensure of home care agencies to protect the health, safety, and welfare of clients receiving care from home care agencies. Notes Haw. Code R. § 11-700-1 [Eff 8/10/2018] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 32…

A person who violates any of the provisions of this chapter shall be fined not more than $500 or the director may initiate procedures for invoking penalties as provided in chapter 321, HRS. Notes Haw. Code R. § 11-700-10 [Eff 8/10/2018] (Auth: HRS §§ 321-9, 321-11, 321-18, 321-20…

(a) If the department determines that any person has violated any provision of this chapter, any provision of chapter 321, HRS, or any term or condition of a license issued pursuant to this chapter, the department shall do one or more of the following; (1) Issue an order assessin…

If any provisions of this chapter or the application thereof to any person or circumstances are held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-700-12 [Eff 8…

As used in this chapter: "Administrator" means the person who is responsible for the management of the home care agency. "Client" means a person who receives personal care services or homemaker services from a licensed home care agency in exchange for payment. A qualified client …

A home care agency shall at all times comply with the laws of the State of Hawaii and shall, whenever requested by the director, submit to the director evidence of compliance therewith. The evidence shall include, but not be limited to, copies of licenses, certificates, permits, …

(a) It is unlawful for any person to maintain, operate, or permit to maintain or operate a home care agency, unless the home care agency is licensed by the director. (b) Any person, organization, or corporation desiring to operate a home care agency shall submit an application to…

The director may suspend, revoke, deny, or refuse to issue a license for failure to comply with the requirements of this chapter, any provision of chapter 321, HRS, or any term of condition of a license issued pursuant to this chapter. The director's decision to suspend, revoke, …

(a) A home care agency may provide personal care services or homemaker services, or both, and may provide respite care services. (b) Personal care services shall be performed by personal care aides. Personal care services shall include activities based on the assessment of the cl…

(a) A supervisor shall develop with the client or the client's representative, or both, a service plan for home care services, which shall be signed by the supervisor and the client or the client's representative and incorporated into the client's record. (b) The home care agency…

A home care agency shall have policies and procedures that include: (1) The scope of services offered, the conditions under which they are offered, and the geographic coverage; (2) Provisions to prohibit discrimination against any prospective or current client based on race, sex,…

(a) The administrator is responsible for ensuring that the appropriate level of supervision is provided. (b) The administrator shall not allow personal care aides or homemakers to perform any service that is not within their scope of duties. (c) The supervisor shall perform a sup…

The purpose of these rules is to establish standards for the state comprehensive emergency medical services system providing for the arrangement of personnel, facilities, and equipment for the coordinated and effective delivery of health care services under emergency conditions. …

There shall be a qualified physician as district EMS medical director in each county who shall be experienced in the conduct and delivery of prehospital emergency medical services in the State and who shall be responsible for the off-line medical management of the emergency medic…

Notes Haw. Code R. §§ 11-72-11 to 11-72-14

A. Manpower categories for personnel shall include: 1. Lay citizens trained in CPR techniques or first aid, or both; 2. First responders; 3. Telecommunicators (including public safety dispatchers); 4. Basic life support personnel (EMTs); 5. Advanced life support personnel (MICTs)…

A. There shall be a communications system that includes a medical radio communications system for emergency medical services, including disaster response, established consistent with the regulations of the Federal Communications Commission. B. The personnel, facilities, and equip…

A. There shall be an adequate number of emergency medical ambulances based on the following: 1. Identification of ambulance districts consisting of homogenous geographic areas that are either urban or rural; 2. Establishment, within the prescribed ambulance districts, of ambulanc…