Haw. Code R. § 13-190.1-6 - Administrative and judicial review

(a) The findings and orders of the board, and the board's approval or disapproval of an application issued by the State are final, conclusive, and binding upon all owners, state agencies, and other government agencies, regulatory or otherwise, as to the safety of design, construction, enlargement, repair, alteration, removal, maintenance, or operation of any dam or reservoir, and the certificate of approval to impound. The board's approval of an application or a certificate of approval to impound will not be considered final if it can be demonstrated to the board that the board's approval of the relevant application or "certificate of approval was based on one or more misrepresentations or other relevant data.

(b) Any person aggrieved or adversely affected by an order or action of the board is entitled to administrative and judicial review in accordance with chapter 91, HRS, and the department's applicable administrative rules on administrative and judicial review in effect at the time, provided, however, that the order or action shall remain in force until modified or set aside on appeal.

Notes

Haw. Code R. § 13-190.1-6

[Eff. FEB 20 2012] (Auth: HRS § 179D-8) (Imp: HRS § 179D-7)