Haw. Code R. § 13-230-28 - Appeals

(a) Classification as a nonresident by the department may be appealed by the aggrieved person by filing a petition for a declaratory ruling in accordance with section 13-1-27.

(b) No petition for appeal shall be accepted by the department unless:

(1) The petitioner has paid the nonresident fees and fees and charges and filing fee for residency status appeal.

(2) The petitioner has submitted with the petition documentary evidence tending to establish that the petitioner has, for a period of twelve months prior to the residency determination date, been physically present in the State of Hawaii with the intent to make Hawaii the petitioner's home. The documentary evidence to be furnished shall support the claim of residency by establishing acceptable indicia of residency as provided under section 13-230-23.

(3) The petition is filed with the department within thirty days following receipt by certified mail, return receipt requested, or personal delivery, as the case may be, of the department's determination of the petitioner's nonresident status.

(c) The petition shall be signed by the petitioner. The petition shall be filed at any division of boating and ocean recreation district office on or before the thirtieth day following receipt by certified mail, return receipt requested or personal delivery, of the department's determination of the petitioner's nonresident status. The district manager receiving the appeal shall promptly forward the appeal to the administrator of the division of boating and ocean recreation.

(d) The administrator of the division of boating and ocean recreation shall promptly review any petition filed with the department and take appropriate action as follows within fifteen days after the filing of the petition:

(1) Return the petition to the concerned district manager if the administrator of the division of boating and ocean recreation determines the petition should not have been accepted under subsection (b) with an explanation of the basis for rejection, a copy of which shall be forwarded to the petitioner;

(2) Reverse the department's prior determination that the petitioner is a nonresident if the administrator of the division of boating and ocean recreation determines that the petitioner has submitted adequate proof that the petitioner is a resident of the State of Hawaii; or

(3) Forward the petition to the chairperson for a declaratory ruling in accordance with section 13-1-27.

(e) The nonstate resident fee differential and filing fee for residency status appeal shall be promptly refunded if the department reverses the determination of nonresident status, as provided in section 13-234-24.

Notes

Haw. Code R. § 13-230-28

[Eff 2/24/94] (Auth: HRS §§ 200-2, 200-4, 200-10) (Imp: HRS §§ 200-2, 200-4, 200-10) Am and comp 12/7/13; am and comp 3/15/2024