Haw. Code R. § 4-158-25 - Conduct of drawing

(a) Qualified applicants shall be present in person or shall be represented by an agent with appropriate credentials authorizing representation. Applicants who are not present or arrive late at the drawing shall be disqualified.

(b) All qualified applicants shall be placed in the following groups:

(1) Group I, All persons given preference pursuant to section 4-158-28; or

(2) Group II, Bona fide farmers as defined in this chapter.

(c) The department may determine the order of lot selection as follows:

(1) Within Group I, by prioritizing in any sequence the different preference categories identified in section 4-158-28(a)(1) through (a) (6).

(2) Within the Group I preference categories and within Group II, by establishing subgroups of priority based on qualification for non-agricultural park land lots intended for restricted use. The department may also reserve or limit the number of intended restricted use lots designated to a subgroup and may determine the order in which lots for different restricted uses shall be drawn. If there is an insufficient number of qualified applicants for the first intended restricted use, the remaining lots may be made available for selection for an alternate intended restricted use, and thereafter for selection for nonrestrictive permitted use until all lots are selected.

(d) Within each group or subgroup, the applicant whose name is first drawn shall be the first to select a lot and the drawing of names shall continue until all lots are selected or all applicants have selected, whichever occurs first. When subgroups have been established for intended restricted use lots, names of applicants from Group I subgroups shall be drawn first, in the sequence established pursuant to subsection (c), followed by Group II subgroups, then remaining Group I applicants, followed by remaining Group II applicants. When no such subgroups have been established, names of applicants from Group I shall be drawn before those from Group II, in the sequence established pursuant to subsection (c).

(e) After all lots have been selected, five additional names each may be drawn as alternates from Group I and Group II remaining applicants. In the event awards are canceled for failure to satisfy conditions of award or other reason, the lots made available shall be offered for award to the alternates, first from Group I and then from Group II in the order in which their names were drawn.

(f) The public notice of lease disposition shall identify intended restricted uses, if any, and the priority of the preference categories in Group I. "Restricted use" as used in this section means limited to use for a crop or agricultural product determined by the board to be the most appropriate use for the particular lot, based on consideration of the site selection analysis, development plan and preliminary engineering report and agricultural feasibility analysis.

Notes

Haw. Code R. § 4-158-25

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6)