Haw. Code R. § 11-118-14 - Permit to disinter unidentified remains, other than armed forces members, from a known place of burial

(a) If an applicant seeks to disinter one or more sets of unidentified remains that are known to be or are discovered to be in a known place of burial, the applicant shall contact the department of land and natural resources for a determination of whether the remains are under the jurisdiction of the department of land and natural resources. If the department of land and natural resources determines it does not have jurisdiction over the remains, the applicant shall obtain a written statement from the department of land and natural resources that it does not have jurisdiction over the remains, and may proceed to request a permit from the department, as follows:

(b) The applicant shall submit the following to the department;

(1) A written statement from the department of land and natural resources that it does not have jurisdiction over the remains;

(2) Documentation that the property owner knows about the remains and has authorized disinterment;

(3) An application that includes all of the information required by section 11-118-7, to the extent that the information is known;

(4) Documented attempts to determine the identity of the remains;

(5) Documented attempts to notify the next of kin of the remains, including but not limited to published notice in a newspaper(s) of Statewide distribution;

(6) An estimate of how many sets of remains are located in the burial place;

(7) A plan for disposition of the remains, once disinterred; and

(8) Any other information requested by the department.

(c) The department reserves the right to require the applicant to hire professional surveyors, archeologists, or other experts to help determine the appropriateness of disinterment, at the applicant's own expense;

(d) The department reserves the right to request law enforcement involvement or assistance from other appropriate agencies; and

(e) The department reserves the right to deny a permit if any of the requirements of this chapter are not satisfied.

Notes

Haw. Code R. § 11-118-14

[Eff 10/19/2018] (Auth: HRS §§ 6E-43, 6E-43.6, 321-9, 321-11, 338-23, 338-25, 338-25.5) (Imp: HRS §§ 338-25.5)