Haw. Code R. § 13-185-16 - Enforcement of District Boundary Amendments and Special Permits

(a) The department shall enforce compliance with conditions placed on reclassifications of district boundaries and terms and conditions of special permitted activities.

(b) Whenever the department shall have reason to believe that there has been a failure to perform according to the conditions imposed, the department shall issue and serve upon the party bound by the conditions an order to show cause why the property should not revert to its former land use classification or be changed to a more appropriate classification.

(1) The department shall serve the order to show cause in writing by registered or certified mail with return receipt requested at least thirty days before the hearing. A copy shall be also sent to all parties in the boundary amendment proceedings;

(2) The order to show cause shall include:

(A) A statement of the date, time, place, and nature of the hearing;

(B) A description and a map of the property to be affected;

(C) A statement of the legal authority under which the hearing is to be held;

(D) The specific sections of the statutes, or rules, or both, involved; and

(E) A statement that any party may retain counsel if the party so desires.

(c) The department shall conduct a hearing on an order to show cause in accordance with the requirements of chapter 91, Hawaii Revised Statutes. Any procedure in an order to show cause hearing may be modified or waived by stipulation of the parties and informal disposition may be made in any case by stipulation, agreed settlement, consent order, or default. Post hearing procedures shall conform to chapter 91, Hawaii Revised Statutes. Decisions and orders shall be issued in accordance with chapter 91, Hawaii Revised Statutes. The department shall amend its decision and order to incorporate the order to show cause by including the reversion of the property to its former land use classification or to a more appropriate classification.

(d) Whenever the department finds that there is prima facie evidence that breach has occurred the special permit shall be automatically suspended pending a hearing on the continuity of such special permit provided that written request for such a hearing is filed with the department within ten days of the date of receipt of such notice of alleged breach. If no request for hearing is filed within said ten day period the department may revoke said special permit.

Notes

Haw. Code R. § 13-185-16

[Eff: SEP 05 1989] (Auth: HRS Sec. 196D-9) (Imp: HRS Sec. 196D-10)