HAR §13-5-33. Departmental permits

(a) Applications for departmental permits shall be submitted to the department in accordance with section 13-5-31. (b) In those applications whose identified land uses require a combination of board permit[(s)] and departmental permit[(s)], a board permit shall be required covering all the proposed uses. (c) The application for a departmental permit shall be accompanied by: (1) An application fee of $250; and (2) A public hearing fee of $250, plus publication costs, if applicable. (d) A public hearing, if applicable, shall be §13-5-32 5-56 held in accordance with section 13-5-40. (e) The department shall provide notice of the application for a departmental permit through the publication of a notice in the environmental review program (ERP) bulletin. The ERP disclosure shall identify: (1) Type of permit sought; (2) Applicant; (3) Location of affected land (by island, district, and tax map key number); (4) Preliminary environmental determination; and (5) A brief description of their proposed use, including specifically any proposed use of public lands. (f) Interested persons who wish to comment upon or receive notice of the department's determination on a particular application shall submit their comments or written request for notification during the thirty-day comment period after the notice appears in the ERP bulletin for a preliminary environmental determination. The request for notification shall include: (1) The name and address of the requestor; (2) The departmental permit for which the requestor would like to receive notice of departmental determination; and (3) The date the notice was published in the ERP bulletin. The department is not obligated to notify any person of its determination who does not strictly comply with this section. The department will use its best efforts to notify any interested person who complies with this section. However, failure of the department to comply with this subsection shall not invalidate any departmental permit issued under this chapter. (g) The permit applicant or any person who has some property interest in the land, who lawfully resides on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the use that their interest is so clearly distinguishable from that of the general public may appeal the chairperson's decision by filing a written appeal to the department not later than fourteen days §13-5-32 5-57 after the date of the department's determination of the departmental permit. The written appeal shall provide all relevant information and shall state with specificity the reasons for the appeal. (h) Where the appellant under subsection (g) sets forth facts or law, or both, showing that the chairperson's decision is arbitrary and capricious, the board may affirm, amend, or reverse the decision of the chairperson, or order a contested case hearing or other procedure to be conducted prior to the board's decision on the appeal. All contested case hearings or other proceedings so ordered by the board shall be conducted in accordance with chapter 13-1. (i) Except as provided in subsection (h), no contested case hearings shall be provided for departmental permits. (j) A board permit shall be required when the chairperson determines that the scope of the proposed use or the public interest requires a board permit. [Eff 12/12/94; am and comp 12/05/11; comp ] ] (Auth: HRS §183C-3) (Imp: HRS §§183C-3, 183C-6)