Haw. Code R. § 15-212-38

Current through November, 2024
Section 15-212-38 - Offer of regular mooring permit valid only ten calendar days; written notice of intention; acceptance; void offer, declining offer

If the applicant decides to accept the offer, the applicant shall, within ten calendar days after the date of receipt of the offer, either deliver a written notice of intention to accept the offer to the HCDA or accept the offer by securing a revocable permit and moving the applicant's vessel into the assigned berth. An applicant who has delivered a written notice of intention to accept the offer shall accept the offer by securing a revocable permit and moving the applicant's vessel into the assigned berth within ten calendar days after the applicant mails or personally delivers the notice of intention to accept to the HCDA. The applicant's application for a revocable permit and the offer by the HCDA of a revocable permit shall be void if the applicant fails to either secure a revocable permit and move the applicant's vessel into the assigned berth or to give notice of intention to accept or decline the offer in writing, within ten calendar days after the date of receipt of the offer, and the revocable permit shall then be offered to the next senior applicant. The failure of an applicant to secure a revocable permit and move the applicant's vessel into the assigned berth within ten calendar days after mailing or personally delivering the notice of intention to accept the offer shall also void the notice of intention, application for a revocable permit and offer by the HCDA of a revocable permit. An applicant for a regular mooring permit may decline an offer to the applicant of a regular mooring permit and retain seniority if the applicant declines the offer in writing addressed to and received by the HCDA, not later than ten calendar days after the date the offer is received. An applicant, who declines an offer in writing and retains seniority pursuant to this section, shall not be considered for a second offer on the basis of seniority until six months elapses after the date of the applicant's first refusal. An applicant's application for a regular mooring permit shall also be void if the applicant fails to accept the second offer of a regular mooring permit to use a berth. Since time is of the essence, an offer delivered or mailed pursuant to section 15-212-37 shall contain a statement that the offer will lapse unless accepted in accordance with this section. For the purpose of this section, an applicant who declines a berth shall not be classified as having declined a berth if conclusive evidence is presented to the HCDA that for reasons of safety or navigation the berth offered is unsuitable for the applicant's vessel. The HCDA may extend the deadline for acceptance if the applicant presents conclusive evidence to the HCDA that the granting of additional time is necessary for the construction and delivery of the vessel or reasonable and essential to prevent undue hardship. Any extension of time for compliance shall not exceed a period of one-hundred-twenty days from the date the HCDA received from the applicant a written notice of intention to accept the offer of a revocable permit. This exception is only applicable to an applicant who has been offered a regular mooring permit.

Haw. Code R. § 15-212-38

[Eff DEC 03 2008] (Auth: HRS § 206E-4) (Imp: HRS § 206E-4)