HAR §10-3-11
HAR §10-3-11. Lanai awards
Cite as Haw. Code R. § 10-3-11
(a) Except as hereinafter
provided, in the making of Lanai homestead awards,
preference shall be given to applicants then residing
on th~ island of Lanai.
(b) In the making of the initial(hereafter Phase
I) homestead award, the department will use the names
of all applicants on any residential waiting list as
of April 30, 2002 with a Lanai mailing address to form
the first Lanai waiting list arranged as follows:
(1)
Priority I Kupuna - applicants shall be
ranked by the following sub-priority
preferences:
(A)
Applicants with documented genealogy to
biological or legal ancestors who
resided on the island of Lanai prior to
1900, ranked by age, are Lanai Kupuna.
(B)
Those kupuna who are children o.f Lanai
kupuna and ranked by age; and
'
(C)
Those kupuna who fail to meet the above
criteria in subparagraphs (A) and (B)
will be ranked by age.
(2)
Priority II are Lanai resident families,
under the age of 62, as of April 30, 2002,
who are descendants of Lanai ancestors
ranked by earliest source documents, then by
age.
(3)
Priority III are applicants who do not meet.
the criteria in paragraphs (1) and (2)
ranked by date of application.
(c)
As used in this section:
"Kupuna" means any applicant who is at least 62
years of age.
"Resident" means an eligible applicant who
resides on the island and can verify his or her
residency acceptable to the department.
(d)
In making subsequent awards, until the
initial Lanai waiting list is exhausted, applicants
will be considered in the order of preference
established in subsection (b), provided:
(1)
Lanai residents registered on other
application lists who accept a Lanai
residential lease award in Phase I are
'
presumed to have transferred their existing,
application to the Lanai Residence List.
Upon lease award approval their residential
application will be cancelled.
(2)
All other Lanai residents who fail to
receive a lease award in Phase I and are
currently registered on other established
residential waiting lists must request to
transfer their applications to the Lanai'
Island-wide Residential List in accordance
with section 10-3-6 no later than sixty days
after Phase I lot selection to be eligible
for future Lanai lease offerings. Further,
failure to submit a request to transfer
their applications will result in the
removal of their names from the Lanai
Island-wide Residential List and the
resumption of their respective residential
application."
[Eff
AUG O 6
2004
]
(Auth:
HHC Act §222) (Imp: HHC Act §207(b))
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DEPARTMENT OF HAWAIIAN HOME LANDS
Amendments to sections 10-3-4 and 10-3-7 and the
addition of section 10-3-11, Hawaii Administrative
Rules, on the Summary Page dated April 27, 2004 were
adopted on April 27, 2004 following a public hearing
held on April 8, 2004, after public notice was posted
on the website of the Office of the Lieutenant
Governor.
The amendments and addition shall take effect ten
days after filing with the Office of the Lieutenant
Governor.
Deputy Attorney General
Chairman,
Hawaiian Homes Commission
LINDA LINGLE
Governor
State of Hawai'i
Date: JUL! 6 20M
Filed
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