Haw. Code R. § 13-198-4 - Notification of owners

(a) Upon receipt of a nomination which complies with all the necessary requirements of section 13-198-3, the review board shall schedule a hearing to consider whether the nominated property should be ordered into the Hawaii register.

(b) Notification of the hearing shall be provided to each owner and the nominator by registered or certified mail with return receipt requested at least forty-five days before the hearing; provided that, if service by registered or certified mail is not made because of refusal by an owner to accept service, or if the review board or its agents have been unable to ascertain the address of the owner or owners after reasonable and diligent inquiry, the notice of hearing may be given to the owner or owners by publication at least once in each of two successive weeks in a newspaper of general circulation in the State. The last published notice shall appear at least thirty days prior to the date of the hearing. The notice of hearing shall conform with the requirements of section 92-7, Hawaii Revised statutes.

(c) The notice shall also state that the owner has thirty days from receipt of the notice to submit written comments and concur with the nomination or submit a statement of objections to the review board.

(d) Upon notification, any owner of private property who objects to the nomination of the property shall submit to the review board a notarized statement certifying that the person is the owner of the private property and objects to the listing. If the owner of private property properly objects to the nomination, then the property shall not be included in the national register but shall only be considered for determination of eligibility pursuant to 36 C.F.R. §60.6. This subsection does not apply to nominations to the Hawaii register.

Notes

Haw. Code R. § 13-198-4

[Eff 6/22/81; am and comp 3/9/89] (Auth: HRS §§ 6E-5.5, 91-2) (Imp: HRS §§ 92-7, 6E-5.5, 16 U.S.C. § 470(a)(6), 36 CFR § 60.6)