HAR §13-185-14. Conflict resolution process

(a) Should administrative or procedural conflicts, as opposed to conflicts of authority, which are not treated in this chapter, arise that the consolidated permit application and review team cannot resolve, the conflict resolution process described in this section shall be implemented, provided that the conflict resolution process shall not affect or invalidate the jurisdiction or authority under existing law. (b) In an administrative or procedural conflict, as opposed to a conflict of authority, which is not treated in this chapter, conflict between State departments, any affected State department head may declare that an impasse exists between that department and any department or departments of the State during any phase of the permitting process related to the geothermal and cable systems development project. Applicants may also seek an impasse declaration by filing in writing with the administrative director of the State that such a declaration should be issued if the processing of a permit application has not made significant progress for forty-five calendar days. The administrative director shall make the determination whether 185-16 an impasse declaration should be made. Upon an impasse being declared, the involved department heads shall each submit a report in writing to the administrative director within ten calendar days from the date of the impasse declaration. The reports shall list the chronological events leading to the impasse, the perceived causes of the impasse, and a suggested solution. The administrative director or the administrative director s designee shall meet with the involved directors within twenty calendar days from the impasse declaration date. Should the impasse still exist following this meeting, the administrative director shall report to the governor the latest position of the directors and a recommendation. Upon a decision of the governor resolving the impasse, the involved departments shall initiate implementing the governor s decision within three calendar days from the date of the final decision. (c) In an administrative or procedural conflict, as opposed to a conflict of authority, which is not treated in this chapter, between State and county agencies, any State or county department head involved in processing application related to the geothermal/cable project can declare that an impasse has developed between the involved county and State departments. (d) Such a declaration shall be in writing identifying the unresolved issues and the respective positions of the affected departments. Applicants may also seek an impasse declaration by filing a written request with the administrative director of the State or the county agency which shall be designated by the mayor. Such a request for impasse declaration may be made if the processing of a permit application has not made significant progress for forty-five calendar days. Unless objected to in writing by the reviewing county and State department or State departments, an impasse declaration shall be made within ten working days from the date that the request for impasse declaration was filed. Upon an impasse being declared, the affected State and county department heads shall each submit a report in writing to both the State administrative director and the designated county agency within ten days from the date of impasse declaration. The reports shall list the chronological events leading to the impasse, the perceived causes of the impasse, and suggested solution. The administrative director or the administrative director s designee and the head of the mayor s designated county agency or that agency s designee, shall meet with the involved State and county department heads within twenty calendar days from the impasse declaration date. Should the impasse declaration still exist following the meeting, the administrative director shall render a decision. The involved State and county departments shall initiate implementing the administrative director s decision within three calendar days 185-17 from the date of the final decision. [Eff: SEP 05 1989] (Auth: HRS Sec. 196D-9) (Imp: HRS Sec. 196D-4) Subchapter 3. Regulation of Geothermal and Cable System Development Permitting Section 13-185-15 Monitoring applicants  compliance with terms and conditions of permits. Once all the required permits have been approved, the department shall commence monitoring applicants  compliance with the terms and conditions of the permits for which the department has full and direct responsibility, including those issued pursuant to functions transferred to the department by section 196D-10, Hawaii Revised Statutes. The department shall prepare a schedule for monitoring terms and conditions of consolidated permits that shall be accepted by the consolidated permit application and review team. The department shall monitor permitting agencies  monitoring activities to assure permit compliance is being monitored. The monitoring schedule will identify terms and conditions of compliance, dates of monitoring, federal and other agencies and individuals who shall carry out the monitoring activity, and the date the report of the monitoring activity shall be sent to the department. The department shall maintain a log of the monitoring activities and shall alert the appropriate permitting agency if monitoring for permit compliance is not being carried out on schedule. If necessary the department in conjunction with the affected agency or agencies shall enforce all terms and conditions related to any permit. [Eff: SEP 05 1989] (Auth: HRS Sec. 196D-9) (Imp: HRS Sec. 196D-5) Section 13-185-16 Enforcement of District Boundary Amendments and Special Permits. (a) The department shall enforce compliance with conditions placed on reclassifications of district boundaries and terms and conditions of special permitted activities. (b) Whenever the department shall have reason to believe that there has been a failure to perform according to the conditions imposed, the department shall issue and serve upon the party bound by the conditions an order to show cause why the property should not revert to its former land use classification or be changed to a more appropriate classification. (1) The department shall serve the order to show cause in writing by registered or certified mail with return receipt requested at least thirty days before the hearing. A copy shall be also sent to all parties in the boundary amendment proceedings; 185-18 (2) The order to show cause shall include: (A) A statement of the date, time, place, and nature of the hearing; (B) A description and a map of the property to be affected; (C) A statement of the legal authority under which the hearing is to be held; (D) The specific sections of the statutes, or rules, or both, involved; and (E) A statement that any party may retain counsel if the party so desires. (c) The department shall conduct a hearing on an order to show cause in accordance with the requirements of chapter 91, Hawaii Revised Statutes. Any procedure in an order to show cause hearing may be modified or waived by stipulation of the parties and informal disposition may be made in any case by stipulation, agreed settlement, consent order, or default. Post hearing procedures shall conform to chapter 91, Hawaii Revised Statutes. Decisions and orders shall be issued in accordance with chapter 91, Hawaii Revised Statutes. The department shall amend its decision and order to incorporate the order to show cause by including the reversion of the property to its former land use classification or to a more appropriate classification. (d) Whenever the department finds that there is prima facie evidence that breach has occurred the special permit shall be automatically suspended pending a hearing on the continuity of such special permit provided that written request for such a hearing is filed with the department within ten days of the date of receipt of such notice of alleged breach. If no request for hearing is filed within said ten day period the department may revoke said special permit. [Eff: SEP 05 1989] (Auth: HRS Sec. 196D-9) (Imp: HRS Sec. 196D-10) 185-19 DEPARTMENT OF LAND AND NATURAL RESOURCES Chapter 13-185, Hawaii Administrative Rules, on the Summary Page dated August 11, 1989, was adopted on August 11, 1989, following a public hearing held on June 21, 1989, after a public notice was given in the Honolulu Star-Bulletin May 22, May 29 and June 14, 1989, in the Hawaii Tribune-Herald May 22 and June 14, 1989, in the Garden Isle May 22, and June 14, 1989, in the Maui News May 23 and June 14, 1989, and in West Hawaii Today May 22 and June 14, 1989. The adoption of chapter 13-185 shall take effect ten days after filing with the Office of the Lieutenant Governor. State of Hawaii BOARD OF LAND AND NATURAL RESOURCES By Its Chairperson And By Member APPROVED: John Waihee Governor State of Hawaii Dated: APPROVED AS TO FORM: Deputy Attorney General Filed