Hawaii Administrative Code

(a) Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, enlargement, repairs, alterations, removal, maintenance, or operation of any dam or reservoir, the department shall contact the owner and the departm…

(a) Regulated dams and reservoirs shall incorporate the following minimum design requirements: (1) Embankment slopes that are not steeper than 2.5 horizontal to 1 vertical unless a specific design for a steeper slope shows that the embankment is stable and capable of being safely…

(a) Owners shall provide for the adequate and timely maintenance, operation, and inspection of their dams and reservoirs and shall be responsible for any engineering and geologic investigations which may be required to ensure public safety. Owners shall keep available and in good…

(a) Owners and operators of dams and reservoirs have the primary responsibility for determining when an emergency involving a dam or reservoir exists. When the owner or operator of a dam or reservoir suspects an emergency exists, the owner or operator shall immediately implement …

(a) Owners of high and significant hazard dams shall prepare, maintain, and implement an emergency action plan for v. each dam or reservoir for immediate defensive action to alert and evacuate the aff.ected population and to mitigate damages to property. (b) The emergency action …

(a) Costs of construction, enlargement, repair, alteration, or removal work done by the department or its agents to render a dam, reservoir, or appurtenances safe shall constitute a statutory lien against all property of the owner. Notwithstanding any other law to the contrary, t…

Whenever in the judgment of the department any person has engaged in or is about to engage in any act or practice that constitutes or will constitute an unlawful action under chapter 179D, HRS, the department may apply to the circuit court of the county in which the unlawful act …

If multiple owners of a dam or reservoir facility cannot mutually agree on a unified course of action for repair or remediation of a dam facility, the department shall issue and enforce actions to ensure public safety. Costs incurred may be recoverable by the department from the …

(a) The department shall have the right to direct and conduct investigations as it may reasonably deem necessary, to carry out its duties as prescribed by statute. For this purpose, the agents or employees of the department or any authorized representatives may enter at reasonabl…

(a) Except as otherwise provided by law, the board may set, charge, and collect administrative penalties and recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative penalties, fees, and costs, including attorney'…

(a) The applicant or owner shall submit with the application for construction, enlargement, alteration, repair, or removal of a dam or reservoir, an application fee in the amount equal to two per cent of the estimated cost of construction, including engineering costs. (b) For the…

The owner shall submit with the application for a certificate of approval to impound payment of a fee in the amount of four hundred dollars. Notes Haw. Code R. § 13-190.1-51 [Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 179D-6)

(a) An annual fee shall be paid by the owner of the dam, on or before December 31 of each year, for the following calendar year, based upon a fixed rate and height of the dam. The annual fee shall be five hundred dollars per dam, plus one hundred ten dollars per foot of height. (…

(a) The findings and orders of the board, and the board's approval or disapproval of an application issued by the State are final, conclusive, and binding upon all owners, state agencies, and other government agencies, regulatory or otherwise, as to the safety of design, construc…

Any inspections done pursuant to this chapter shall use the current guidelines developed by the department. Notes Haw. Code R. § 13-190.1-7 [Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 179D-6)

Changes in ownership of a dam shall be filed with the department by the transferring owner within seven days of recordation with the bureau of conveyances of the State of Hawaii. Notes Haw. Code R. § 13-190.1-8 [Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 179D-6)

The board or department may, upon a showing of good cause, grant a variance from any provision of this chapter, including, without limitation, an extension of time to comply with any such provision. Notes Haw. Code R. § 13-190.1-9 [Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS…

This chapter governs the practice of and the procedures before the Hawaii historic places review board under Chapter 91, Hawaii Revised Statutes. Notes Haw. Code R. § 13-197-1 [Eff. 6/22/81; am and comp 3/9/89] (Auth: HRS §§ 6E-5.5, 91-2) (Imp: HRS §§ 91-2, 91-5, 91-6, 91-8)…

When required by law or administrative rule, the review board shall hold a contested case hearing upon its own motion or upon the written petition of any interested person who is properly admitted as a party pursuant to section 13-197-13. Unless specifically prescribed in this ch…

(a) A hearing on a contested matter may be requested by the review board on its own motion or any interested person who then properly qualifies to be admitted as a party. An oral or written request for a contested case hearing shall be made by the close of the review board meetin…

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 nominator shall be a party; (2) The owner shall be a party in cases involving chapter 13-198; provided, however, that when the owner is an agency, it shall not have standing to petition for a contested ca…

(a) Contested case hearings shall be conducted in accordance with this subchapter, chapter 91, Hawaii Revised Statutes, and section 92-16, Hawaii Revised Statutes. (b) The presiding officer shall have the power to give notice of the hearing, administer oaths, compel attendance of…

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

(a) All motions other than those made during a hearing shall be made in writing to the review board, 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…

(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…

(a) The presiding officer may hold or cause to be held pre-hearing conferences with the parties for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witne…

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. § 13-197-19 [Eff and comp 3/9/89] (Auth: HRS §§ 91-2, 6E-5.5) (Imp: HRS § 91-10)

As used in this chapter: "Agency" means any board, commission, department, bureau, or political subdivision of the State or county governments. "Contested case hearing" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to …

No review board 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 co…

(a) No party or person petitioning to be a party to a contested case hearing before the review board 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 review b…

(a) A proceeding shall be deemed submitted for decision by the review board after the taking of evidence, the filing of briefs, the consideration of motions, and the presentation of oral argument permitted or prescribed by the presiding officer. Where a hearing officer has conduc…

(a) The review board 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 shal…

Persons to proceedings who are aggrieved by the decision of the review board 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 review board if such finding appe…

The office of the review board is in the office of the historic preservation division, department of land and natural resources, Kakuhihewa Building, 601 Kamokila Blvd., Room 555, Kapolei, Hawaii 96707. All communication to the review board shall be sent to the review board at th…

(a) All public records shall be available for inspection at the office of the review board during regular business hours unless public inspection of those records is in violation of any state or federal law; provided that except where those records are open under any rule of cour…

(a) Any interested person may petition the review board for the adoption, amendment, or repeal of any rule of the review board. The petition shall be submitted in duplicate and delivered to the office of the review board. (b) The petition need not be in any special form but shall…

When, pursuant to a petition, or upon its own motion, the review board proposes to adopt, amend, or repeal a rule, the rule shall be adopted, amended, or repealed in accordance with the procedures set form in this chapter and in chapter 91 and section 92-41, Hawaii Revised Statut…

(a) Each public hearing on a proposed adoption, amendment, or repeal of a rule shall be presided over by the chairperson or other person designated by the chairperson. The hearing shall be conducted in a manner which affords interested persons a reasonable opportunity to be heard…

(a) Any interested person may petition the review board for a declaratory order as to the applicability of any statutory provisions administered by the review board or any rule or order of the review board. (b) The petition shall be submitted in duplicate to the office of the rev…

The purpose of this chapter is to set forth the procedures by which historic properties shall be ordered and entered into the Hawaii register of historic places by the review board and by which nominations of historic properties to the national register will be approved by the re…

(a) Properties listed in the Hawaii register may be removed therefrom: (1) When the qualities which caused them originally to be listed have been lost or destroyed; or (2) Upon proof that an error in professional judgment has been made; or (3) For failure to follow the procedures…

(a) A nomination of a building, structure, object, district, or site for entry into the national register shall be made by the preservation officer in accordance with the procedures, including notification and hearing procedures, set forth in this chapter and in title 36, Code of…

The criteria for evaluating nominations to the national register shall be as provided in title 36, Code of Federal Regulations, Part 60. Notes Haw. Code R. § 13-198-12 [Eff 6/22/81; am and comp 3/9/89] (Auth: HRS §§ 6E-5.5, 91-2) (Imp: HRS § 6E-5.5, 36 CFR §60.4)

In the event a property is nominated both to the Hawaii register and the national register and the owner or owners of private property objects to the nomination then the owner of the private property shall: (1) File a statement of objections as provided in section 13-198-4 to the…

As used in this chapter: "Agency" means any board, commission, department, bureau, or political subdivision of the State, or county governments. "Building" means a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure.…

The preservation officer, or any person or agency may nominate a building, structure, object, district, or site for entry into the Hawaii register. Nominations shall be made on the standard national register nomination forms, available in the office of the preservation officer, i…