Haw. Code R. § 4-153-3 - Powers

(a) The administrator shall have the power to:

(1) Accept and process applications for agricultural park leases;

(2) Disapprove agricultural park lease applications when the prospective applicant is unable to meet the requirements of the agricultural park program or the criteria for the particular lease disposition;

(3) Recommend for board action the disposition of agricultural park lands to qualified applicants;

(4) Collect rents, assessments, and other fees and charges;

(5) Recommend for board action cancellation of leases where due notice of breach or default has been provided;

(6) Issue non-renewable dispositions granting easements, permits and rights of entry for a period not in excess of fourteen days for use consistent with the purposes of this chapter;

(7) Administer and manage the agricultural park special fund; and

(8) Recommend for board action lease rentals as provided in section 4-153-18.

(b) The board shall have the power to:

(1) Approve of plans to develop agricultural parks;

(2) Establish, operate, maintain, and improve agricultural park infrastructure;

(3) Award and cancel leases, issue revocable permits, easements, and rights of entry covering agricultural park lands for use consistent with agricultural park purposes;

(4) Approve the transfer, assignment, or sublease of an agricultural park lease or any interest therein, including the transfer of stock of a corporation holding the lease, or the interest in an association or partnership holding the lease. To the extent the board reserves such a right in the lease, upon the transfer, assignment, or sublease of an agricultural park lease or any interest therein, the board may establish additional restrictions, terms, or conditions not inconsistent with this chapter to insure and promote the purposes of the demised lands;

(5) Establish additional criteria for the selection of lessees not inconsistent with those prescribed in this chapter, relating to the intended use of particular land being disposed of, the financial feasibility of lot development, or the terms of the lease, the criteria to be included in the public notice of lease disposition;

(6) Establish conditions of award which must be met to the satisfaction of the administrator prior to lease execution, the conditions to be included in the public notice of lease disposition;

(7) Establish reasonable fees for services rendered by the division and for preparation of documents to be issued;

(8) Waive rental payments due to natural catastrophes and other external factors beyond the lessee's control and determine the period for the waiver;

(9) Delegate to the chairperson or the administrator, subject to the board's control and responsibility, such powers and duties as may be lawful or proper for the performance of functions vested in the board; and

(10) Establish lease rentals as provided in section 4-153-18.

Notes

Haw. Code R. § 4-153-3

[Eff 3/6/92; am and comp] (Auth: HRS § 166-9) (Imp: HRS §§ 166-3, 166-5, 166-6, 166-7, 166-10, 171-11)