Hawaii Development Community Authority




HCDA
Administrative Rules


Rules of Practice and Procedure (Chapter 16)
District-Wide Improvement Program (Chapter 19)
Improvement District Rules (Chapter 20)
Development Program (Chapter 21)
Relocation Assistance to Displaced Persons (Chapter 24)

Plans: Mauka Makai

Rules: Mauka Makai


Development Plans and Rules
Subchapter 2 Proceedings Before The Authority

 §15-16-16  General rule.  All persons and parties shall comply with these rules of practice and procedures when appearing before the authority.  Procedures to be followed by the authority, unless specifically prescribed in this chapter or by chapters 91 and 92, HRS, shall be such as in the opinion of the authority will best serve the purposes of the proceeding.  The authority may waive or suspend the provisions of this chapter.  [Eff 6/25/81, am and comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-17  Appearances before the authority.  (a)  Any party to any proceeding before the authority may appear pro se or an individual may appear as an authorized representative of a partnership, corporation, trust, or association.  An officer or employee of an agency of the state or a political subdivision may represent the agency in any proceeding before the authority.
 (b) When an individual acting in a representative capacity appears in person or signs a paper submitted to the authority, the personal appearance or signature of that individual shall constitute a representation to the authority that under the provisions of this chapter and the applicable statute, the individual is authorized and qualified to represent that particular person or entity.  The authority may at any time require any person transacting business with the authority in a representative capacity to authenticate such authority and qualification to act.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 91-9, 206E-4)
 

 §15-16-18  Disqualification of authority's members.  Any party to a hearing up to five days before the proceeding may file an affidavit that one or more of the members has a personal bias or prejudice.  Every such affidavit shall state the facts and reasons for the belief that bias or prejudice exists.  The member against whom the affidavit is filed may answer the affidavit in which case the remaining members shall decide by a majority of all the members to which the authority is entitled whether that member should be disqualified from the proceeding.  If the member chooses to be disqualified, the member shall file with the chairperson a certificate requesting disqualification stating the member's inability to decide said matter with impartiality.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-19  Filing of papers.  (a)  All requests, submittals, petitions, reports, maps, exceptions, plans, memoranda, and other papers required to be filed with the authority pursuant to any proceeding shall be filed with the office of the authority at Honolulu, Hawaii, within the time limits prescribed by law, rules, or by order of the authority.  The date on which the papers are received by personal service or by mail shall be regarded as the date of filing.
 (b) All papers filed with the authority shall be:
 (1) Written in black ink, typewritten, mimeographed, or printed;
 (2) Plainly legible; and
 (3) On strong, durable paper no larger than 8-1/2" x 14" in size, except that maps, charts, tables, and other like documents may be larger, folded to the size of the papers to which they are attached.
 (c) Reproduction may be by any process, provided all copies are clear and permanently legible.
 (d) All papers filed by any person or agency in any proceeding shall state on the first page the name, mailing address, and business telephone number, if any, of the individual or individuals who may be served with any documents filed in the proceeding.
 (e) The original of each paper shall be signed in ink by the party.
 (f) All papers must be signed by the party or a representative.  The signature constitutes a verification that the paper has been read and that to the best knowledge, information, and belief, of that person:
 (1) Every statement contained therein is true;
 (2) No such statement is misleading; and
 (3) That it is not interposed for delay.
 (g) Unless otherwise required by this chapter or the authority, there shall be filed with the authority an original and eleven copies of each paper.  Additional copies shall be promptly provided if requested by the executive director or chairperson.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 91-9, 206E-4)
 

 §15-16-20  Amendment of papers and dismissal.  If any paper filed with the authority is not in substantial conformity with the applicable rules of the authority, on its own motion or on motion of any party, the authority may strike such paper or require its amendment.  If amended, the paper shall be effective as of the date of the receipt of the amendment.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-21  Retention of papers.  All papers filed with the authority shall be retained by the authority in its files.  However, the chairperson may permit the withdrawal of original copies of papers upon submission of properly authenticated copies to replace the original papers.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-22  Authority decision.  Copies of published materials shall be available for public inspection in the office of the authority or may be obtained upon request and upon the payment of a reasonable charge, if any.  [Eff 6/25/81, am and comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-23  Continuances or extensions of time.  Whenever a person or agency is required to take action within the period prescribed or allowed by this chapter, notice given hereunder, or by an order, the presiding officer may:
 (1) With or without notice, extend such period before the expiration of the prescribed period; or
 (2) Upon motion, permit the act to be done after the expiration of a specified period where the failure to act is reasonably shown to be excusable.  [Eff 6/25/81, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-24  Contested cases.  Procedures to be followed in contested cases shall, unless otherwise prescribed by law or in these rules, comply with chapters 91 and 92, HRS.  [Eff 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-25  (Reserved).


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