Section 15-219-98 - Waiver or suspension of administrative rules(a) Every petition for a waiver of any of the provisions of the administrative rules of HCDA's community development districts shall be in writing, signed by the petitioner, and submitted to the authority for approval.(b) Every petition shall state: (1) The name, address, and telephone number of the petitioner and the petitioner's legal counsel, if any, which shall be updated by the petition at all times;(2) The specific provision of the administrative rules of HCDA's community development districts for which petitioner seeks a waiver;(3) The effect of the strict application of the provision for which petitioner seeks a waiver;(4) The reasons why the petitioner seeks to avoid the strict application of the provision for which petitioner seeks a waiver;(5) An alternate plan or other means by which the spirit and intent of the provision for which petitioner seeks a waiver can be accomplished other than the strict application of the provision;(6) The extent to which such waiver is in the best interest of the subject community development district; and(7) The extent to which such waiver may endanger the health, safety, or welfare of the subject community development district.(c) The authority may require the submission of additional information after the petition has been submitted. If a petition is deemed incomplete or otherwise deficient by the authority, the authority shall not consider or act upon the petition.(d) The failure of the authority to act on a completed petition for a waiver within ninety days of receipt of the completed petition shall be deemed a denial of the petition.(e) No waiver shall be granted by the authority unless the petition and supporting information demonstrate that: (1) Granting the waiver will not endanger the health, safety, or welfare of the subject community development district; and(2) There is either an alternate means for which the spirit and intent of the provision for which petitioner seeks a waiver can be accomplished or the waiver of the strict application of the provision is in the best interest of the subject community development district.(f) If a petition is granted, the authority may impose terms and conditions on the grant of waiver including, but not limited to, the authority's ability to revoke the waiver at any time if the waiver creates a threat to the health, safety, or welfare of the subject community development district or a restriction on the transferability of the waiver.[Eff MAR 02 2012 ] (Auth: HRS § 206E-4) (Imp: HRS § 206E-4)