HAR §4-159-27
HAR §4-159-27. Application requirements
Cite as Haw. Code R. § 4-159-27
(a) An applicant shall identify at least one "bona fide operator" pursuant to section 4-159-1 and meet such other qualifications as the board may prescribe pursuant to section 4-159-2.
(b) All applicants. In addition to satisfying the requirements of subsection (a), all applicants shall demonstrate the ability to perform the lease terms and shall provide the following information, at a minimum, to the administrator:
(1) A resume of the "bona fide" operator, including experience identified by month and year;
(2) A business plan and financial plan;
(3) A preliminary plan of utilization and development of the land;
(4) Certificate of good standing from the Hawaii department of commerce and consumer affairs;
(5) An affidavit that the applicant is not delinquent in any obligation to the State or any of its political subdivisions; and that the applicant has not had a sale, lease, license, permit or easement covering public land canceled for failure to satisfy any terms or conditions thereof;
(6) A financial statement, in the format outlined in the application instructions, including a balance sheet current within six months; and
(7) Copies of state income tax returns for the last five years.
(c) Additionally, applicants which are partnerships, including limited partnerships, corporations, including limited liability corporations, associations, trusts, or agricultural cooperatives shall provide the following information:
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(1) In the case of a corporation, a copy of articles of incorporation reflecting date of filing, purpose of the corporation, and disclosure of all directors and officers; and
(2) Name and experience of "bona-fide operator."
(d) Hawaii Business Registration. All applicants shall be a registered business with the Hawaii department of commerce and consumer affairs. The registered business and Certificate of good standing shall be maintained throughout the lease.
(e) Whenever the board establishes additional criteria for the selection of lessees, pursuant to section 4-159-2(a)(2), in support of qualification, each applicant shall provide documentation to the satisfaction of the administrator. [Eff JAN 23 2026] (Auth: SLH 2022, HRS §141D-7, §7) (Imp: SLH 2022, HRS §141D-7, §8)