HAR §13-251-51. Catamaran registration limitations

(a) The total number of valid catamaran registrations and commercial use permits issued under this subchapter shall not exceed four at any one time for Waikiki ocean waters or ten at any one time for Kaanapali ocean waters. An owner may apply for a future vacancy, as prescribed in section 13-251-52, if future catamarans are registered. (b) Notwithstanding this section, all owners of catamarans holding valid registrations or commercial use permits to operate upon Waikiki ocean waters or Kaanapali ocean waters on the effective date of these rules may continue operations and be permitted to apply for and renew their registration certificate or commercial use permit subject to compliance with all other conditions set forth in this chapter until their total number is reduced by attrition or other means to the numbers in subsection (a). [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-3, 200-4) (Imp: HRS §§200-2, 200-3, 200-4) §13-251-52 Allocation of catamaran registration certificates and/or commercial use permits. (a) Application for a catamaran registration certificate and/or commercial use permit; period of validity; renewal of application. (1) The first owner to file an application may be offered a catamaran registration certificate and/or commercial use permit as prescribed under subsection (e) if the maximum number of catamaran registration certificates and/or commercial use permits authorized by section 13-251-51 has not been issued and provided that no prior requests therefor are pending as provided in this section; (2) If the maximum number of catamaran registration certificates and/or commercial use permits permitted by section 13-251-51 has been issued and is valid, an owner's application for a catamaran registration 251-25 Unofficial Compilation certificate and/or commercial use permit shall be retained and honored when the total number of valid catamaran registration certificates and/or commercial use permit is less than the maximum limit and the issuance of an additional catamaran registration certificate and/or commercial use permit is authorized pursuant to these rules; (A) An application for the issuance of a catamaran registration certificate and/or commercial use permit shall be made in writing to the department by the owner on a form provided by the department. The department shall accept the application for consideration by endorsing it and entering the filing time and date on the application form submitted. One copy shall be given to the applicant. The time and date the application is endorsed by the department shall be the filing date and the effective date of the application for consideration and shall establish the applicant's seniority or priority over later applicants, if the application remains valid. No application shall be accepted unless and until the application fee prescribed in these rules is paid by the applicant and review thereof has been conducted pursuant to subsection (b); (B) An application shall continue in full force and effect for a period ending one year from the effective date of the application, except as provided in subparagraph (C) of this subsection, or unless sooner terminated in accordance with these rules. An application is void after the date of expiration; (C) An application may be renewed within a ninety day period preceding its 251-26 Unofficial Compilation expiration date. An application properly renewed prior to its expiration date shall be valid for a period ending one year from the expiration date of the previous application. No application for renewal shall be accepted until the fee prescribed in these rules is paid by the applicant. (b) Review and acceptance or rejection of applications. (1) The department shall examine and determine the accuracy, validity, and regularity of each application and may conduct any investigation it deems necessary for its examination and determination, and it may require additional information from the applicant necessary to determine the genuineness and regularity of the application. (2) The department shall reject any application that contains a material misstatement or where the applicant has failed to disclose any material fact on the application. (3) An application shall not be accepted for consideration, and shall be rejected if: (A) The application fee is not paid at the time application is made; (B) The applicant is delinquent in the payment of any moneys due and payable to the department; or (C) The applicant has pending a citation for violation of any of the department's rules. (c) Upon rejection of an application, the department shall inform the applicant, in writing within a reasonable time: (1) That the application has not been accepted for consideration; (2) That the application has been rejected; and 251-27 Unofficial Compilation (3) Of the department's reasons for rejection. An applicant may cure the defect and re- apply. (d) Applicant required to furnish address and report changes; effect of failure to report changes. (1) An applicant shall include the applicant's address in the application to the department for a catamaran registration certificate and/or commercial use permit; (2) An applicant shall immediately notify the department in writing of any changes in the applicant's address in order to maintain the validity of an application; and (3) An application shall be void if the department is unable to reach the applicant to offer the applicant a catamaran registration certificate and/or commercial use permit at the address: (A) Appearing on the application; or (B) Furnished in writing to the department by the applicant as a change of address subsequent to submitting the application. (e) Withdrawal of application; effect if application has become void, expires, or been withdrawn. (1) An application may be withdrawn by an applicant upon written notice to the department; (2) An applicant who withdraws an application or whose application has expired or becomes void may submit a new application for acceptance by the department. Seniority begins on the date the new application is accepted for consideration as provided in subsection (a)(2)(A). (f) Priority in allocation of catamaran registration certificates and/or commercial use permits. When the total number of valid catamaran registration certificates and/or commercial use permits are less than the maximum limit authorized by section 13-251-38, the department may offer a 251-28 Unofficial Compilation catamaran registration certificate and/or commercial use permit to the senior applicant eligible to receive such a registration certificate and/or commercial use permit. (g) Notice to owner of available catamaran registration certificate and/or commercial use permit. When an offer of a catamaran registration certificate and/or commercial use permit is provided for in this section, the department shall deliver the offer or send it by certified mail - return receipt requested, addressed to the applicant eligible to receive the offer at the address furnished to the department in writing by the applicant. (h) Offer of catamaran registration certificate and/or commercial use permit valid only fourteen days; written notice of intention; acceptance. (1) An applicant may decline an offer of a catamaran registration certificate and/or commercial use permit and retain the applicant's seniority if the offer is declined in writing, addressed to and received by the department not later than fourteen days after the date of receipt of the offer. An applicant who declines an offer in writing and retains seniority pursuant to this subsection, shall not be considered for another offer on the basis of the applicant's seniority until six months have elapsed since the date of the last refusal; (2) If an applicant decides to accept the offer of a catamaran registration certificate and/or commercial use permit, the applicant shall either: (A) Deliver a written notice of intention to accept the offer to the department within fourteen days after the receipt of the offer; or (B) Accept the offer by securing a catamaran registration certificate and/or commercial use permit within 251-29 Unofficial Compilation fourteen days after the receipt of the offer; (3) The applicant's application for a catamaran registration certificate and/or commercial use permit and the offer by the State of a catamaran registration certificate and/or commercial use permit shall be void if the applicant fails to either secure a catamaran registration certificate and/or commercial use permit or give written notice of intent to accept the offer within fourteen days after the receipt of the offer. The registration certificate and/or commercial use permit shall then be offered to the next senior applicant pursuant to this section; (4) An applicant who cannot immediately accept the offer but has delivered a written notice of intention to accept to the department pursuant to subsection (a) (2) shall accept the offer by securing a catamaran registration certificate and/or commercial use permit as prescribed in section 13-251- 36 within fourteen days after the applicant mails or personally delivers the notice of intention to accept to the department; (5) Except as provided in subsection (h)(6) if the applicant fails to secure a catamaran registration certificate and/or commercial use permit within fourteen days, the application for a catamaran registration certificate and/or commercial use permit, the offer of a catamaran registration certificate and/or commercial use permit, and the notice of intention to accept the offer shall be void, and the catamaran registration certificate and/or commercial use permit shall then be offered to the next senior applicant in accordance with these rules; (6) The department may extend the deadline for acceptance prescribed in subsection (h)(2), if the applicant presents evidence to the 251-30 Unofficial Compilation department that the granting of additional time for compliance is reasonable and essential to prevent undue hardship; provided that any extension of time for compliance shall not exceed a period of 120 days from the date the department received from the applicant a written notice of intention to accept the offer of a catamaran registration certificate and/or commercial use permit; (7) Because time is of the essence, the offer delivered or mailed to an applicant pursuant to subsection (g) shall contain a statement that the offer will lapse unless accepted in accordance with the procedures of this section. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24)