HAR §17-2020-2. “C

F.R.” means the United States Code of Federal Regulations. “Criminal activity” means the tenant, any member of the tenant’s household, a guest or another person under the tenant’s control has engaged in any conduct constituting a criminal violation of federal law, HRS, or local ordinances regardless of whether there has been an arrest or conviction for such activity and without satisfying the standard of proof used for a criminal conviction. “Document” means written decisions, orders, and notices issued for the purposes of this chapter. “Drug” means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. §802) as it existed on March 28, 2013. “Drug related criminal activity” means the illegal manufacture, sale, distribution, or use of a drug, or possession of a drug with intent to manufacture, sell, distribute or use the drug. “Dwelling unit” means a residential unit in a housing project. “Grievance hearing” means the hearing prescribed in the grievance procedure set forth in rules of the authority. “HRS” means the Hawaii Revised Statutes. “Hearing” means a quasi-judicial proceeding in which the authority prepares to terminate an agreement. “Hearings clerk” means the person responsible for receiving, recording, and preserving the records of the eviction board. “Hearings officer” means the person representing the authority in a hearing. “Party” means a person or agency as defined in section 356D-91, HRS, as it existed on March 28, 2013. “Presiding officer” means the member of the eviction board duly elected by a majority of the board members -to serve as its chairman where the eviction board is comprised of more than one member. “Project manager” means the authority’s representative assigned to manage projects in a management area or any other employee of the authority specifically designated by position description. 2020-4 310A §17_2020_4 “Rental means the agree or contract Cofltainln the terms and Condition of Occupancy of a dwelling un entered Into by the tenant and authority “Tenant,, means the person or persons Who enter Into a rental agree wi the authority to reside in a dwelling unit and Who are subject to evict±o Proceedings under this chapter “U.S C” means the United States Code. “Violent criminal actIv±t 7 means any criminal that has as one of its elements the Use, attempted Use or threatened Use of Physj force Substantij enough to cause or be reasonably likely to cause ser±ou 5 bodily 1 jury or Property damage ff 8/6/04; am and comp MAY44 2014 J (Auth. 24 CFR §9664; HRS §925 3 56D-4 3 56Dj 3 3 56D_9 8 ) (Imp. HRS §35sD_9 2 3 56D9 3 35 6D9 4 3 56D9 8 ) §17-20203 Communicat. (a) Communications to the evictIon board may be mailed or delivered to the authority,s hearings offIce. (b) A quorum of the eviction board, COflSistjng of at least One, but not more than three members, shall be present to validate any actI 0 taken. (c) No employee of the authority shall be an eviction board member Unless SPecificall desigfla by the authority. (d) All documents ISsued by the evict±o board may be executed by facsimile s±gna LEff 8/6/04; am and comp MAY 24 4 I (Auth: 24 CFR § 966. 4; HRS § §92 - 15, 3 56D4 3 56D_l 3 3 56D9 8 ) (Imp 24 CFR §9664. HRS 356D-9 2 , 35 6D-9 3 3 56D-9 8 ) §17-20204 Proces 5 service (a) All documents either: Issued for the purposes of this chapter shall be served (1) Personally to the tenant or adult household member by any person who is not a Party and is not less than 18 years of age of th State; or (2) certified mail return receipt reque5 or 202O §17-2020-4 (3) If personal service or service by certified mail cannot be effectuated, the document or documents may be served: (I) By posting the document or documents on the unit occupied by the tenant and by first class mail to the party’s last known address; or (ii) By publication in a newspaper of general circulation and by first class mail. (b) Service upon a party shall be complete if: (1) The party or the party’s attorney is personally served; (2) The party signs the receipt for certified mail; (3) The document or documents are posted on the unit occupied by the tenant and mailed to the party’s last known address by first-class mail; (4) Upon publication in a newspaper of general circulation; or (5) By special order of the eviction board, upon a finding that service by other means is not practicable, a document is posted on the unit occupied by the party. [Eff 8/6/04; am and comp MAY 24 2014 1 (Auth: HRS §356D-4, 356D-13, 356D-98) (Imp: HRS §356D-92, 356D-93, 356D-98) §17-2020-5 Grounds for termination of tenancy and eviction. (a) The eviction board shall determine whether there are sufficient grounds for termination of the rental agreement. (b) The grounds for termination of the rental agreement are set forth in section 356D-92, FIRS, and section 17-2028-59. [Eff 8/6/04; am and comp MAY24 2014 1 (Auth: 24 CFR §966.4; HRS §356D- 4, 356D-13, 356D-98) (Imp: 24 CFR §966.4; FIRS §356D- 92, 356D-98) 2020-6 -1n 1. §17-2020-12 SUBCHAPTER 2 HEARING PROCEDURE §17-2020-11 Notice of cause for cases referred for eviction. (a) Project managers within each county may initiate eviction proceedings for any of the reasons set forth in section 356D-92, HRS, as it existed on March 28, 2013, and section 17-2028-59. The tenant shall be notified in writing and the document shall state the reason for and the date of the proposed termination of the agreement. The document shall also inform the tenant of the tenant’s rights to reply to the authority’s staff and to request a grievance hearing. (b) If the violation is for delinquent payment of rent, the authority may negotiate a reasonable payment arrangement with a family in accordance with section 17-2028-58. Cc) The tenant shall be notified in accordance with 24 C.F.R. §956.4(k) and (1) (3) and section 356D- 93(a), HRS, as they existed on March 28, 2013. (d) If the tenant fails to respond within the time period prescribed by the notice of proposed termination, the project manager shall submit a written request to the eviction board that the tenant be evicted. [Eff and comp MAY 242014 1 (Auth: 24 CFR §966.4; HRS §356D-4, 356D-l3, 356D-98) (Imp: 24 CFR §966.4; HRS §356D-92, 356D-98)