Haw. Code R. § 15-15-13 - Quorum and number of votes necessary for a decision

(a) Unless otherwise provided by law, a majority of all the members to which the commission is entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the commission is entitled shall be necessary to make a commission decision valid; provided all approvals of petitions for boundary amendments under section 205-4, HRS, shall require six affirmative votes and approvals for special permits under section 205-6, HRS, shall require five affirmative votes.

(b) If the commission's action to approve a petition for boundary amendment under section 205-4, HRS, fails to obtain six affirmative votes, findings of fact, conclusions of law, and decision and order denying the petition shall be filed by the commission.

(c) If the commission's action to approve a petition for a special permit under section 205-6, HRS, fails to obtain five affirmative votes, findings of fact, conclusions of law, and a decision and order denying the petition shall be filed by the commission.

(d) In contested cases, commission members who have not heard and examined all of the evidence may vote only after the procedures set forth in section 91-11, HRS, have been complied with.

Notes

Haw. Code R. § 15-15-13

[Eff 10/27/86; am and comp 8/16/97; am and comp MAY 08 2000] (Auth: HRS §§ 91-13.5, 205-1, 205-7) (Imp: HRS §§ 91-13.5, 92-15, 205-4, 205-6) Am and comp 11/2/2013; comp 10/18/2019