Haw. Code R. § 11-118-3 - Authority to permit disinterment is limited

(a) The state registrar shall not issue a disinterment permit for remains that appear to be over fifty years old which are discovered or are known to be buried at any place of burial other than a known, maintained, actively used cemetery unless the applicant for the disinterment permit is otherwise eligible to obtain a disinterment permit pursuant to section 11-118-4.

(b) The state registrar may issue a disinterment permit for remains that are inadvertently discovered, so long as the department has jurisdiction over the remains and provided that immediately upon the exposure, disturbance, or removal, the disinterment stops, the department is notified, and an application for a disinterment permit is submitted.

(c) The department shall not grant permission to disinter remains that are not subject to this chapter, within the jurisdiction of law enforcement, or within the jurisdiction of the department of land and natural resources without a court order.

Notes

Haw. Code R. § 11-118-3

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