Haw. Code R. § 15-220-5 - Rules of interpretation
(a)Provisions of
the rules are activated by 'shall" when required; "should" when recommended;
and "may" when optional.
(b) In
addition to text-only contents of the rules, this section shall also control
related captions, titles, and figures.
(c) Terms not defined in section 15-220-8 (definitions of terms) shall be accorded their commonly accepted meanings. In
the event of conflicts between these definitions and those found elsewhere
within the HCDA's administrative rules, these rules shall take
precedence.
(d) Where in conflict,
numerical metrics shall take precedence over graphic metrics.
(e) Words used in the singular include the
plural; words used in the plural include the singular.
(f) Words used in the present tense include
the future tense; words used in the future tense include the present
tense.
(g) Within the rules,
sections are occasionally prefaced with "purpose" or "intent" statements. Each
such statement is intended as an official statement of legislative finding or
purpose. The "purpose" or "intent" statements are legislatively adopted,
together with their accompanying rules text. They are intended as a guide to
the administrator and shall be treated in the same manner as other aspects of
legislative history. However, they are not binding standards.
(h) In their interpretation and application,
the provisions of the rules are considered minimal in nature. Whenever the
provisions, standards, or requirements of chapter
219, HCDA's rules of practice and
procedure, are higher or more restrictive, the latter shall control.
(i) Whenever the executive director
determines that the meaning or applicability of any requirement of the rules is
subject to interpretation generally, or as applied to a specific case, the
executive director may issue an official interpretation. The executive director
may also forward any interpretation of the meaning or applicability of any
provision of the rules directly to the authority for a determination at a
public meeting:
(1) The issuance of an
interpretation shall include findings stating the basis for the interpretation.
The issuance of an interpretation shall also include a finding documenting the
consistency of the interpretation with the Heeia MP;
(2) All interpretations shall be:
(A) Written and shall quote the provisions of
the rules being interpreted, and the applicability in the particular or general
circumstances that caused the need for interpretations, and the determination;
and
(B) If applicable, distributed
to the authority, executive director, and HCDA staff;
(3) Any interpretation of the rules by the
executive director may be appealed to the authority in compliance with section
15-220-63 (appeals); and
(4) Any
provision of the rules that is determined by the executive director to need
refinement or revision will be corrected by amending the rules as soon as is
practical. Until an amendment can occur, the executive director will maintain a
complete record of all interpretations to the rules, indexed by the number of
the subchapter, section or subsection that is the subject of the
interpretation.
(j) If
there is uncertainty about the location of any land use zone boundary shown on
the land use plan, the location of the boundary shall be determined by the
executive director by using the scale appearing on the land use plan.
Notes
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