Hawaii Administrative Code

(a) "Genetic test" or "'ohana test" means the testing of inherited or genetic characteristics (genetic markers) for the purpose of establishing biological parentage. (b) If after submittal and processing of documentation described in section 10-3-2.1, there remains uncertainty re…

(a) Whenever homestead lots are available, the department shall award leases to applicants who meet the qualification requirements of section 10-3-2 and are selected in accordance with section 10-3-7. (b) The department may hold an orientation meeting to inform applicants of the …

No award of a residential, agricultural, or pastoral lot lease shall be made to an applicant who has not submitted sufficient evidence to the satisfaction of the department that the applicant is financially able to assume any indebtedness outstanding against the premises after th…

No award of a residence lot lease shall be made to an applicant who at the time of application has previously been a lessee of a Hawaiian home lands residence lot; or who at the time of consideration for award had become a lessee of a Hawaiian home lands residence lot through tra…

(a) When agricultural or pastoral lots become available for award, the applicant shall be contacted in accordance with section 10-3-7. (b) The department shall notify applicants of the date, time, and place of lot selection. The department shall defer applicants who fail to appea…

(a) A lessee of an agricultural or pastoral lot may make a written request for additional acreage of the same class. (b) A lessee shall be contacted for an award in accordance with section 10-3-24(a). (c) A lessee shall be eligible for lot selection provided the lessee has active…

(a) Upon award of an agricultural or pastoral lot, the applicant shall reside on the island on which the leasehold is located or move to that island within three years. (b) A lessee of an agricultural lot of not more than three acres shall within three years: (1) Reside and culti…

(a) Lessees may raise animals intended for consumption on their agricultural leasehold to supply immediate family needs. (b) Lessees may raise animals on a commercial basis on their agricultural leasehold only after the following conditions are met: (1) Submission of a plan for c…

(a) The department may cancel a lease issued to a homesteader for the following reasons: (1) Violation by the lessee of a condition enumerated in sections 208 or 209 of the act; (2) Violation of a condition enumerated in a lease document; (3) Violation of a condition enumerated i…

(a) The commission may establish a homestead program for settlement on unimproved available Hawaiian home lands to be known as the kuleana homestead program. (b) The commission may set aside a tract or tracts of unimproved "available lands" as defined in section 203 of the Act, f…

In addition to the conditions in leases set forth in section 208 of the act, and in the lease document, all lessees shall be subject to the restrictions set forth in this subchapter. Notes Haw. Code R. § 10-3-31 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §208…

No industrial activities shall be allowed on homestead leaseholds. Notes Haw. Code R. § 10-3-32 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §208) Comp 12/23/2021

Except as may be otherwise provided, no homestead leasehold or portion thereof shall be used for commercial activities of such a nature as to constitute a nuisance or threat to health, safety, and environment. Notes Haw. Code R. § 10-3-33 [Eff 7/30/81; am 2/3/83; comp 10/26/98] (…

No building structure or improvement may be constructed on the premises without written approval from the department. Such an approval shall be considered only after submission of a plan as to design, materials, and probable value and use of the structure to be built on the lease…

No lessee may, without written approval from the commission, enter into any contract, joint venture, agreement or other arrangement of any sort with a third person on lands covered by lessee's lease for the cultivation of crops or the raising of livestock. Notes Haw. Code R. § 10…

(a) A lessee, with the written approval of the commission, may transfer the leasehold to any individual who is at least eighteen years old and qualified under the act provided that leases for vacant or undeveloped lots and undivided interests, or any interest therein, shall not b…

A lessee of a residential lot, with the approval of the commission, may subdivide and transfer a portion of the lot for the remaining term of the lease to any individual who is a native Hawaiian and is at least eighteen years old; provided that after the transfer, each lot confor…

(a) The time period by which a lessee is required to occupy a residential lot or to commence to use or to cultivate an agricultural or pastoral lot shall be stipulated in the lease. (b) Except as otherwise provided in the lease, the department may require a lessee of an agricultu…

(a) The department shall establish and maintain an island-wide residential lot waiting list for each of the islands of Hawaii, Kauai, Lanai, Maui, Molokai, and Oahu. (b) A person may submit only one application for a residential lot lease. (c) A person may apply for a residential…

Notes Haw. Code R. § 10-3-40

There shall be established in the treasury of the State such revolving funds, special, and other funds as set forth in the act. Notes Haw. Code R. § 10-3-41 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §§213, 214) Comp 12/23/2021

The department may make loans from any loan fund to lessees, and where applicable, to any cooperative association all of whose members are lessees. Such loans may be made for the following purposes: (1) The repair, maintenance, purchase, or erection of dwellings on Hawaiian home …

For purposes authorized under the act, the department may: (1) Use moneys in the operating fund, with the prior approval of the governor, to match federal, state, or county funds available for the same purposes and to that end, to enter into such undertaking, agree to such condit…

(a) Applications for a loan or a loan guarantee shall be made on forms provided by the department. All applications shall be filed with the department. The filing may be made with district offices of the department. (b) The applicant shall not be required to pay any fees in conne…

Applications approved by the department shall be submitted to the commission within sixty working days of receipt by the department together with a summary of the applicant's financial situation including gross and net monthly income, outstanding indebtedness, and the number of d…

Loans may be made to applicants who are residential lessees, based on the following criteria: (1) Income ratio: the relation that gross monthly income bears to monthly payment of principal and interest; (2) Family size: each person supported from the. income of the lessee and co-…

(a) Generally, in determining the term of loans, the department shall consider the following: (1) The applicant's financial capacity; and (2) Age and condition of dwelling or building, based on the estimated expected remaining life span. The term of a loan shall be determined by …

(a) Farm loans shall be governed by sections 213, 214 and 215 of the act. (b) The maximum loan for an individual agricultural lot lessee shall be determined by the commission, but in no event be more than the amount authorized by the act. For an agricultural cooperative associati…

The department may borrow funds for the purpose of making loans to lessees of residence lots for purchasing, repairing, maintaining, erecting or improving homes on Hawaiian home lands. Such loans shall bear interest at the same rate of interest as that paid by the department to t…

(a) Applications for an agricultural or pastoral lot lease may be made for any island of the State where lands are designated for those purposes. For application purposes, the department shall establish and maintain an island-wide agricultural lot waiting list for each of the isl…

The department may make loans at such terms and conditions from any additional funds as the legislature may hereafter provide. In the event such additional funds are made available to the department without any specific terms, conditions, restrictions, such funds shall be subject…

The department may invest and reinvest any of its funds, not otherwise immediately needed for the purposes of the funds, in such bonds and securities as authorized by state law for the investment of sinking fund moneys. Any interest or other earnings arising out of such investmen…

(a) At the end of each quarter, all moneys in the Hawaiian home receipts fund shall be transferred as authorized by the act. At the commission meeting immediately before or at the end of each quarter, the department or commission on its own motion may recommend for commission app…

Notes Haw. Code R. §§ 10-3-53 to 10-3-60

(a) The department shall maintain area waiting lists until the lists are exhausted. Applicants on a waiting list for any area will be placed on the respective island-wide residential lot, agricultural lot, or pastoral lot waiting list according to the date and time stamp describe…

(a) As provided in section 209 of the act and in this section, the lessee shall designate the relative or relatives to whom the lessee directs the interest in the tract to vest upon the lessee's death from among the following relatives: (1) Husband, wife, children, or grandchildr…

Where a lessee dies having failed to designate a qualified successor, the department may select a successor under the procedure provided in section 209 of the act. If no selection can be made, the lease shall be cancelled. As provided in section 209 of the act and in this subchap…

Upon the death of a lessee leaving no designated successor, the department shall publish a public notice at least once in each of four successive weeks in a newspaper of general circulation in the State. The notice shall state briefly that all persons claiming to be relatives of …

(a) As provided in the act and in this section, the department shall appraise the value of all improvements of the tract or tracts and growing crops and stock including aquacultural improvements or stock, if any, if:(1) A lessee surrenders his lease; (2) A lessee dies leaving no …

(a) The department shall pay to the appropriate recipient as specified in section 209 of the act or to the previous lessee, as the case may be, the appraisal value less: (1) Any indebtedness to the department; (2) Taxes; (3) Any other indebtedness the payment of which has been as…

(a) Upon receipt of written notification of a lessee's intent to surrender the lessee's leasehold interest, the department shall process the same. The department may forego acceptance of a surrender until a new lessee is found and it is determined by the department that sufficien…

If a lessee has abandoned the tract by failing to use or occupy the premises or cannot be located after at least two attempts to contact the lessee by certified mail, the department shall publish a public notice at least once in each of four successive weeks in a newspaper of gen…

Notes Haw. Code R. §§ 10-3-68 to 10-3-70

(a) Except as otherwise provided in section 10-3-11 relating to Lanai awards, applicants shall be considered for award in the order in which their completed applications were received by the department; provided that awards shall first be made according to ranking in existing pri…

The department when practicable and as authorized by the act may maintain community pastures in such locations as it may determine. Notes Haw. Code R. § 10-3-71 [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §211) Comp 12/23/2021

A record of all stock in the community pastures shall be kept by the department. Notes Haw. Code R. § 10-3-72 [Eff 7/30/81; comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §211) Comp 12/23/2021

(a) The lessee shall be responsible for: (1) Permanently branding all animals with a registered brand of the lessee; (2) Worming, and testing all animals and confirming district origin; (3) Removing sick, diseased, or severely injured animals; and (4) Arranging for removal of ani…