Haw. Code R. § 15-219-2

Current through November, 2024
Section 15-219-2 - Definitions

As used in this chapter, except as otherwise required by context:

"Authority" or "HCDA" means the Hawaii community development authority as defined by section 206E-2, HRS;

"Chairperson" means the duly elected chief presiding officer of the authority;

"Community development district" means an area of land designated as a community development district by the legislature in accordance with section 206E-5, HRS;

"Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing;

"Days" means calendar days unless otherwise specified;

"Executive director" means the executive director of the authority or the executive director's designated representative,-

"Hearings officer" means a person duly appointed and authorized by the authority to conduct proceedings on matters within the jurisdiction of the commission for purposes of holding a hearing, taking testimony, and reporting the person's findings and recommendations, together with a transcript of the hearing or a summary of the evidence, to the authority;

"Heeia community development district" means all real property located within the boundaries of the district as established by Session Laws of Hawaii 2011, Act 210;

"HRS" means the Hawaii Revised Statutes;

"Kakaako community development district" means all real property located within the boundaries of the district as established by section 206E-32, HRS;

"Kalaeloa community development district" means all real property located within the boundaries of the district as established by section 206E-191, HRS;

"Party" means any person or governmental agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any proceeding before the authority;

"Person" means individuals, partnerships, corporations, trusts, associations, public or private organizations of any character other than governmental agencies;

"Petition" means an application to the authority by a party which seeks relief under these rules;

"Presiding officer" means any member of the authority or a hearings officer appointed by the authority as such. Unless otherwise designated, the chairperson of the authority shall be the presiding officer;

"Proceeding" means any matter brought before the authority or initiated by the authority which it has jurisdiction to entertain and dispose of;

"Repeated violation" means two or more occurrences of the same type of violation at the same location by the same violator;

"Violation" means nonconformance with the administrative rules of HCDA's community development districts with respect to land use, development standards, permit conditions or associated misrepresentations as follows:

(1) Land use - Utilization of any structure or land for an activity not permitted in the administrative rules of HCDA's community development districts;

(2) Development standards - Location or construction of any structure inconsistent with standards and procedures prescribed in the administrative rules of HCDA's community development districts;

(3) Permit conditions - Breach of a term or condition of any permit or other authorization issued pursuant to the administrative rules of HCDA's community development districts; or

(4) Misrepresentations - Misrepresentation of fact on any application, plan or other information submitted to obtain authority authorization or a permit, including but not limited to representations made in affidavits, recorded covenants, parking agreements, and development agreements; and "Violator" means any person or governmental agency that has an interest in the property upon which a violation occurs.

Haw. Code R. § 15-219-2

[Eff MAR 02 2012 ] (Auth: HRS §§ 91-2, 206E-4) (Imp: HRS §§ 91-2, 206E-4)