Haw. Code R. § 11-1-6 - Public notices for variances or permits

(a) For variances or permits for which costs and public notice procedures are not already provided for in title 11, HAR, or statutes, the department may require an applicant for a permit, variance, or similar action to pay all costs related to the processing of the application. Costs may include processing fees, hearing costs, and costs related to publishing the required public notices.

(b) When a public notice in a newspaper is required, and the director has determined that the applicant shall pay all costs related to publishing the notice, the applicant shall make payment directly to the newspaper publishing the notice.

(c) The public notice shall appear in a newspaper of statewide general circulation or a newspaper of county general circulation published in the county in which the project or activity is proposed, at the department's direction.

(d) In addition to newspaper publication, the public notice may be published electronically. The department may require an applicant to submit an electronic version of the public notice in a format suitable for the department to publish in an electronic manner.

(e) The public notice shall include at least the following:

(1) The name, address, and phone number of the agency issuing the public notice;

(2) The name and address of the applicant;

(3) A brief description of the applicant's project or activity and its location(s);

(4) A brief description of the procedures for the formulation of final determinations, including the specified comment period and other means by which interested persons may comment upon those determinations; and

(5) The address and phone number of the state agency premises where interested persons may obtain further information and may inspect a copy of the application and related materials.

(f) The public notice shall be reviewed and approved by the department before publication and must appear in the newspaper in the approved form.

(g) The applicant shall obtain an affidavit from the newspaper specifying the date the notice appeared in the newspaper and make a copy of the affidavit available to the department.

(h) The department should make information regarding the proposed project or activity available for inspection in the county where the applicant's project or activity is being proposed. The department need not make all records relating to the proposal or project available for inspection in that county.

Notes

Haw. Code R. § 11-1-6

[Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9, 321-11.5) (Imp: HRS §§ 91-2, 321-9, 321-11.5)