Hawaii Administrative Code

The registrar or assistant registrar shall not record any document unless it contains or has endorsed upon it the address of the grantee, the type of document, and total page count. Endorsements may be made on a conforming flysheet. Notes Haw. Code R. § 13-16-7 [Eff 7/1/91; am 7/…

Where required by law, instruments shall be accompanied by acknowledgments prepared in accordance with applicable law. Notes Haw. Code R. § 13-16-8 [Eff 7/1/91; am 7/25/94; am and comp APR 05 1999] (Auth: HRS §§ 502-41, 502-42, 502-43, 502-45, 502-47, 502-50, 502-51, 502-52) (Imp…

Notes Haw. Code R. § 13-16-9 [Eff 7/1/91; am 7/25/94; am and comp APR 05 1999] (Auth: HRS § 502-63) (Imp: HRS § 502-63) Repealed 2/10/2017

This chapter governs practice and procedure before the commission on water resource management of the state under chapter 91, Hawaii Revised Statutes, the Constitution and water laws of the state, the Constitution and laws of the United States, and such other related acts as may …

(a) The commission may enforce its rules and orders adopted pursuant to this title by suit for injunction or for damages or both. (b) Any person who violates any provision of this title or any permit condition or limitation established pursuant to this title or who negligently or…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, this invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the p…

(a) As used in this title, unless the context requires otherwise: "Authorized planned use" means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. "Board" means the boar…

(a) A person may appear on his/her own behalf. A partner may represent the partnership. A bona fide officer or employee of a corporation, trust, or association may represent the corporation, trust, or association. An officer or employee of an agency may represent the agency in an…

(a) All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the issuance, modification, or revocation of any permit or license under this code by the commission, shall be conducted i…

(a) The commission shall have jurisdiction statewide to hear any dispute regarding water resource protection, water permits, or constitutionally or otherwise legally protected water interests, or where there is insufficient water to meet competing needs for water, whether or not …

(a) The chairperson may appoint hearings officers, not subject to chapters 76 and 77, HRS, to conduct public hearings and/or to hear and reach a preliminary decision on any matter concerning the implementation or administration of the state water code which the commission may ref…

(a) All pleadings, applications, submittals, petitions, reports, maps, exceptions, briefs, memoranda, and other papers required to be filed with the commission in any proceeding shall be filed with the chairperson. These papers may be sent by mail or hand-carried to the commissio…

Whenever a person or agency has a right or is required to take action within the period prescribed or allowed by these rules, by notice given thereunder or by an order, the commission or its chairperson may, for good cause and if permitted by law: (1) Before the expiration of the…

If any document filed with the commission is not in substantial conformity with rules of the commission as to the contents thereof, or which is otherwise insufficient, the commission may refuse to accept the document, or may require its amendment. All documents filed with or pres…

All final decisions, orders, opinions, or rulings entered by the commission in a proceeding shall be served upon the parties or persons participating in the proceeding by regular mail or personal delivery by the commission and may be released for general publication. All rules an…

(a) The attorney general or representative of the attorney general's office shall be counsel to the commission and shall advise and represent the commission in all legal matters. The attorney general's representative shall attend the meetings and proceedings of the commission and…

The general administration of the state water code shall rest with the commission on water resource management. In addition to its other powers and duties, the commission: (1) Shall carry out topographic surveys, research, and investigations into all aspects of water use and wate…

Upon motion and for good cause shown, the commission may permit the substitution of parties; provided that in case of the death of a party, substitution may be permitted without filing of a motion. Notes Haw. Code R. § 13-167-30 [Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS …

The commission, upon its own initiation or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings which involve substantially the same parties or issues which are the same or closely related, if it finds that the c…

Judicial review of rules and orders of the commission under this chapter shall be governed by chapter 91, HRS. Notes Haw. Code R. § 13-167-32 [Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 91-14, 91-15, 174C-12)

(a) The commission may acquire real property as provided in HRS 174C-14 or it may request the board of land and natural resources on behalf of the commission to acquire, regulate or manage property under HRS chapters 171, 173, 173A, 174, 174C, 175, 179, 180, and 180C. (b) The com…

The principal office of the commission is at the Kalanimoku building, 1151 Punchbowl St., Honolulu, Hawaii. All communications to the commission shall be addressed to the commission on water resource management, 1151 Punchbowl Street, Honolulu, Hawaii, 96813 unless otherwise spec…

Pursuant to petition, or upon its own motion, the commission shall hold a public hearing as provided by law whenever it proposes to issue, amend, or repeal a rule. Notes Haw. Code R. § 13-167-41 [Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 91-3, 91-6)

(a) Notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the state and in each county affected by the proposed rule. All notices shall be issued at least twenty days prior to the date set for public hearing. (b) A notice of the p…

Each hearing shall be held at the time and place set in the notice of hearing, but may at that time and place be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the heari…

(a) Each hearing shall be presided over by the chairperson of the commission or by its designated representative. The hearing shall be conducted in such a way as to afford to interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and to…

Notwithstanding the foregoing rules, if the commission finds that an imminent peril to public health, safety, or morals requires adoption, amendment, or repeal of a rule upon less than twenty days' notice of hearing, and states in writing its reason for the finding, it may procee…

(a) Any interested person or any agency of the state or county government may petition the commission for the issuance, amendment, modification, or repeal of any rule which is designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice require…

(a) The commission may meet and shall exercise its powers throughout the entire State of Hawaii. (b) Regular meetings of the commission shall be held in Honolulu, each and every month at a time and place established by the commission. Notice shall be given in accordance with chap…

When required by law, the commission shall hold a contested case hearing upon its own motion or on the written petition of any government agency or any interested person who is properly admitted as a party pursuant to section 13-167-54. Unless specifically prescribed in this chap…

(a) A hearing on a contested matter may be requested by the commission on its own motion or upon the written petition of any government agency or interested person. An oral or written request for a contested case hearing must be made by the close of the public hearing (if one is …

After a determination is made that a contested case hearing is required, the written notice of hearing shall be served on parties in accordance with section 91-9.5, Hawaii Revised Statutes, and shall be served on all persons or agencies admitted as a party at their last recorded …

(a) The following persons or agencies shall be admitted as a party: (1) The petitioner shall be a party. (2) All government agencies whose jurisdiction includes the land or water in question may be admitted as parties upon timely application. (3) All persons within a hydrologic u…

(a) After the parties to a contested case hearing have been determined, the commission may appoint a mediator in accordance with these rules to seek a solution to the dispute. (b) The presiding officer may hold, or cause to be held, pre-hearing conferences with the parties for th…

(a) Contested case hearings shall be conducted in accordance with this subchapter, and chapter 91, HRS. (b) The presiding officer shall have the power to give notice of the hearing, administer oaths, compel attendance of witnesses and the production of documentary evidence, exami…

(a) Witnesses may be subpoenaed as set forth below: (1) Requests for the issuance of subpoenas, requiring the attendance of a witness for the purpose of taking oral testimony before the commission shall be in writing, and shall state the reasons why the testimony of the witness i…

(a) All motions other than those made during a hearing shall be made in writing to the commission, shall state the relief sought, and shall be accompanied by an affidavit or memorandum setting forth the grounds upon which they are based. The presiding officer shall set the time f…

(a) The presiding officer may exercise discretion in the admission or rejection of evidence and the exclusion of immaterial, irrelevant, or unduly repetitious evidence as provided by law with a view to doing substantial justice. (b) The presiding officer shall rule on the admissi…

Four members of the commission shall constitute a quorum to transact business and the concurrence of a simple majority of the members of the commission shall be necessary to approve any action of the commission. Notes Haw. Code R. § 13-167-6 [Eff. MAY 27, 1988] (Auth: HRS § 92- 1…

Motions to correct the transcript shall be made within five days after receipt of the transcript and shall be acted upon by the presiding officer. Notes Haw. Code R. § 13-167-60 [Eff. MAY 27, 1988] (Auth: HRS §§ 91-2, 174C-8) (Imp: HRS § 91-10)

No commission member shall sit in any proceeding in which the member has any pecuniary or business interest involved in the proceeding or who is related within the first degree by blood or marriage to any party to the proceeding. If, after declaring any pecuniary interest or cons…

(a) No party or person petitioning to be a party to a proceeding before the commission nor their employees, representatives, or agents shall make an unauthorized ex-parte communication either oral or written concerning the contested case to any member of the commission who will b…

(a) A proceeding shall be deemed submitted for decision by the commission after the taking of evidence, the filing of briefs, the consideration of motions, and the presentation of oral argument as may have been permitted or prescribed by the presiding officer. Where a hearing off…

(a) The commission may reconsider a decision it has made on the merits only if the moving party can show: (1) New information not previously available would affect the result; or (2) That a substantial injustice would occur. (b) In either case, a motion for reconsideration shall …

(a) Parties to proceedings who are aggrieved by the decision of the commission may obtain judicial review thereof in the manner set forth in section 91-14, Hawaii Revised Statutes, provided that the court may also reverse or modify a finding of the commission if such finding appe…

(a) The chairperson shall, in addition to any other duties, have charge of the commission's official records and shall be responsible for the maintenance and custody of the files and records of the commission, including the transcripts of testimony and exhibits, with all papers a…

(a) There shall be a first deputy to the chairperson of the commission for water resource management who shall be in addition to any first deputy to the chairperson of the board of land and natural resources. The deputy shall have experience in the area of water resources and sha…