HAR §4-153-22
HAR §4-153-22. Notices
Cite as Haw. Code R. § 4-153-22
(a) Each notice of proposed
lease disposition shall contain the following
information:
(1)
General information regarding all the parcels
or lots offered for lease, such as time and
place of disposition, terms and conditions of
disposition, qualification of applicants,
procedure for filing application, conditions
of award, if any, and time and place at which
more detailed
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information regarding the lease disposition
may be obtained; and
(2)
Specific information pertaining to the
individual parcels or lots offered for lease
such as the parcel or lot number, its
description, location and area, minimum, base,
or upset rental, basis for additional rent if
any, method of payment, purpose for which
leased, the term of lease, building
requirement, and other such covenants and
conditions; and
(3)
The lessee's responsibility for applicable
lease disposition costs pursuant to section 4-
153-6.
(b) Negotiation. Notice of a proposed disposition
by negotiation shall be published at least once in each
of three successive weeks in a newspaper of general
circulation in the State and in addition in a newspaper
of general circulation in the appropriate county. The
notice shall invite proposals and state in general terms
the size, location, and minimum rental of lots to be
leased, the terms of lease, and the last date on which
application shall be received by the department, which
date shall be not less than thirty days after the last
date of publication of the notice.
(c) Drawings. Whenever a disposition by drawing
by lots is proposed, notice inviting applications to
participate in the drawing shall be published once a
week for three successive weeks in a newspaper of
general circulation published in the State and, in
addition, in a newspaper of general circulation in the
appropriate county. The notice shall contain:
(1)
The qualifications required of applicants;
(2)
A general description of the land, including
the location and tax map key;
(3)
The specific use for which the disposition is
intended;
(4)
Base rental to be charged, and basis for
additional rent, if any; and
(5)
The date by which all applications shall be
filed, which date shall be not less than
fourteen days after the last publication date.
Within not more than one hundred twenty days after the
closing date for applications, the administrator shall
select those qualified to participate in the drawing,
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153-26
notify all applicants as to whether or not they
qualified, and conduct the drawing. The notice of
selection of applicants qualified to participate in the
drawing, together with the notice of drawing, shall be
mailed to each applicant, whether or not the applicant
in fact qualified. The notice of the drawing shall
state the time and place of the drawing. In addition to
the notice to each applicant, the administrator shall
publish the notice of drawing at least three times
within a period of ten days in a newspaper of general
circulation in the State and, in addition, in a
newspaper of general circulation in the appropriate
county, each publication to be not more often than once
in two successive days. Upon completion of the drawing,
the award of leases shall be announced at the next
regularly scheduled meeting of the board and the lease
issued when conditions of the award are fulfilled.
(d) Auctions. Notice of any proposed disposition
by public auction shall be published at least once in
each of three successive weeks in a newspaper of general
circulation in the State and, in addition, in a
newspaper of general circulation in the appropriate
county. The last publication shall be not less than ten
days before the date of the auction. Notice of the
auction shall contain the following:
(1)
Time and place of the auction;
(2)
General description of the land, including the
location and tax map key;
(3)
Specific use for which the disposition is
intended;
(4)
Upset rental to be charged and basis for
additional rent, if any; and
(5)
The date by which applications for
qualification shall be filed.
The maps showing the metes and bounds description and
the classification of the land shall be kept in the
office of the department and shall be open for
inspection at all reasonable hours. [Eff 3/6/92; comp
] (Auth: HRS §§166-6, 166-9, 171-16) (Imp: HRS §166-
6)