Haw. Code R. § 4-158-2 - Powers and general duties

(a) In addition to the powers and function granted to the board under chapter 26, HRS, the board shall have the power to:

(1) Prescribe forms of instruments and documents;

(2) Establish restrictions, requirements, or conditions, not inconsistent with those prescribed in chapter 166E, HRS, and this chapter, relating to the use of particular land being disposed of, the terms of lease, license, or permit, and the qualifications of any person to draw, bid, or negotiate for public land;

(3) Reduce or waive the lease rental at the beginning of the lease on any lease of public land to be used for any agricultural or pastoral use where the land being leased requires substantial improvements to be placed thereon; provided that such reduction or waiver shall not exceed two years for land to be used for any agricultural or pastoral use;

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

(5) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of performing or otherwise providing for the inspection of activities permitted upon the issuance of a land license involving an agricultural purpose;

(6) Appoint hearing officers to conduct public hearings as provided by law and under such conditions as the board by rules shall establish;

(7) Approve of plans to develop public lands;

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

(9) Approve the transfer, assignment, or sublease of a lease or any interest therein, including the transfer of stock of a corporation including a limited liability corporation holding the lease, or the interest in an association or partnership including a limited partnership holding the lease. To the extent the board reserves such a right in the lease, upon the transfer, assignment, or sublease of a 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;

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

(11) Establish lease rentals as provided in section 4-158-21;

(12) Bring such actions as may be necessary to remove or remedy encroachments upon public lands; and

(13) Do any and all things necessary to carry out its purposes and exercise the powers granted in Chapter 166E, HRS, and this chapter.

(b) Except as provided by law, the board through the chairperson shall:

(1) Enter into joint venture agreements or development contracts for development and infrastructure improvements of non-agricultural park lands; or contract for subdivision, and installation of infrastructure improvement as provided for in this chapter;

(2) Prevent illegal activities on, unlawful occupation of, or trespassing on public lands;

(3) Cause all trespassers and persons unlawfully occupying public lands, and their effects, and all animals trespassing on the lands to be removed therefrom and to impound the seized effects and animals according to law;

(4) Enter on any public land in order to take possession thereof, and to resume possession of any public land in case of surrender, default, forfeiture, or escheat; and

(5) Recover money due the State for damage done to any public lands by wrongful entry and occupation or by wrongful removal therefrom or destruction of any property or asset.

(c) The administrator shall have the power to:

(1) Fine any person causing an encroachment upon public land as allowed by law and the person shall be liable for administrative costs incurred by the department and for payment of damages;

(2) Approve other lands for development pursuant to section 166E-10, HRS, and section 4-158-15, HAR, and lands acquired by the department by way of foreclosure, voluntary surrender, or otherwise pursuant to section V 155-4(12), HRS;

(3) Accept and process applications for leases;

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

(5) Recommend for board action the disposition of lands to qualified applicants;

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

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

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

(9) Administer and manage the non-agricultural park lands special fund;

(10) Recommend for board action lease rentals as provided in section 4-158-21;

(11) Set, charge, and collect interest and a service charge on delinquent payments due on leases, permits, or other accounts. The rate of interest shall not exceed one per cent a month and the service charge shall not exceed $50 a month for each delinquent payment; provided that the contract shall state the interest rate and the service charge and be signed by the party to be charged;

(12) Set, charge, and collect additional rentals for the unauthorized use of public lands by a lessee, licensee, grantee, or permittee who is in violation of any term or condition of a lease, license, easement, or revocable permit, retroactive to the date of the occurrence of the violation. Such amounts shall be considered delinquent payments and shall be subject to interest and service charges as provided in paragraph (11);

(13) Maintain an accurate inventory of transferred lands;

(14) Enforce contracts respecting leases, licenses, permits, or other disposition of public lands;

(15) Conduct all public auctions and drawings pertaining to the disposition of public lands and other property authorized by the board;

(16) Keep a record of all official transactions, relating to public lands within the chairperson's jurisdiction and such record shall be a public record;

(17) Establish, operate, maintain, and improve public lands infrastructure;

(18) Establish additional criteria for the selection of applicants 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 disposition, the criteria to be included in the public notice of disposition; and

(19) Establish conditions of award which shall be met to the satisfaction of the administrator prior to document execution, the conditions to be included in the public notice of disposition.

Notes

Haw. Code R. § 4-158-2

[Eff DEC 06 2007] (Auth: HRS § 166E-3) (Imp: HRS § 166E-6)