Current through September, 2024
Section 4-71A-18 - Maximum time period for permit approvals, disapprovals, extensions, or automatic approvals(a) Pursuant to the requirements of chapter 91, HRS, the department shall establish the following maximum time periods for the processing of permit requests after acceptance of a completed permit application and payment of applicable fees pursuant to sections 4-71-4 and 4-71-19: (1) For microorganism species for which the chief is authorized to approve a permit, i.e., restricted list (Part B) microorganisms for purposes provided in Section 4-71A-22(c)(1),(2), and (3), the chief may approve or disapprove the issuance of a permit within 90 days; and(2) For microorganisms requiring board action as provided in section 4-71A-6, the board may approve or disapprove the issuance of a permit within 180 days.(b) Notwithstanding the requirements of subsection (a), the maximum period of time shall be extended indefinitely in the event of a national disaster, state emergency, or union strike, which prevents the department from fulfilling application or review requirements in a timely manner.(c) Except as provided for in subsection (b), an application request for the issuance of a permit shall be given automatic approval if action is not taken by the department within the established maximum period of time as specified in subsection (a). After the expiration of the maximum time period is brought to the attention of the department, the department shall have a reasonable amount of time to issue the permit.(d) This section shall apply only to application requests for business or development-related permits required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise.[Eff. 11/30/01] (Auth: HRS §§ 91-13.5, 150A-9) (Imp: HRS § 150A-6.3)