HAR §4-153-19
HAR §4-153-19. Negotiation
Cite as Haw. Code R. § 4-153-19
(a) A lease of
agricultural park land may be disposed of through
negotiation upon a finding by the board that the public
interest demands it.
(b) After a determination is made to negotiate the
disposition of a lease, the administrator shall:
(1)
Give public notice in accordance with the
procedure set forth in section 4-153-22(b), of
the department's intention to lease
agricultural park land through negotiation,
setting forth the minimum conditions
thereunder, and the uses for which the land
will be leased. Any person interested in
securing the lease shall file an application
with the administrator not later than
§4-153-20
153-23
forty-five days after the first publication of
the notice;
(2)
Determine the applicants who meet the criteria
for selection set by the board and notify all
applicants of the administrator's
determination. Any applicant may examine the
basis of the determination, which shall be in
writing, to ascertain whether or not the
conditions and criteria established by the
board were followed; provided that if any
applicant does not notify the administrator of
the applicant's objections, and the grounds
therefor, in writing, within twenty days of
the receipt of the notice, the applicant shall
be barred from proceeding to seek legal remedy
for any alleged failure of the department to
follow the conditions and criteria.
(c) If only one applicant meets the criteria for
selection of the lessee, the board may, after notice as
provided in subsection (b)(2), dispose of the lease by
negotiation.
(d) If two or more applicants meet the criteria
for the selection of the lessee, the board shall select
the lessee who submits the highest offer contained in a
sealed bid deposited with the administrator.
(e)
Disposition of agricultural park lands set
aside for common use or for the processing of
agricultural products may be negotiated without regard
to the limitations set forth in this section and section
4-153-22; provided that the disposition encourages
competition within the agricultural processing industry
and shall not exceed a maximum term of thirty-five
years.
(f)
The lease shall be issued when conditions of
the award of lease are fulfilled.
(g)
Notwithstanding the provisions of this section and
section 4-153-22, the board may renegotiate leases as
provided in section 4-153-3. [Eff 3/6/92; comp
] (Auth: HRS §§166-6, 166-9) (Imp: HRS §166-6)