HAR §15-10-18. Evaluation of application

(a) The SMC may initiate an investigation of any statement in an application, whether written or oral, and use in its evaluation any relevant facts obtained by that investigation. All applications and information contained therein are considered confidential and shall not be disclosed. In evaluating an application, the SMC may consider any source of information. (b) The SMC may dismiss an application without prejudice if the SMC determines that there is insufficient information upon which to base a decision and if upon request the necessary additional information is not submitted. If the failure to supply additional information is repeated or wilful, the SMC may dismiss the application with prejudice. (c) First priority for set-aside shall go to wholesale purchaser-consumers and end-users who buy either directly from prime suppliers or from wholesale purchaser-resellers and are involved in any of the following activities: (1) Agricultural production, including agricultural trucking and agricultural aviation; (2) Aviation ground support vehicles and equipment; (3) Cargo, freight, and mail hauling truck; (4) Emergency services; (5) Energy production; (6) Health care facilities; (7) Nonmilitary marine shipping; (8) Public utilities; (9) Mass passenger transportation services; (10) Sanitation services; (11) Telecommunication services; or (12) Street and highway maintenance, and repair. (d) Second priority for set-aside shall go to all wholesale purchaser-consumers and end-users not listed in subsection (c). (e) In addition to meeting the needs or priority end- users or wholesale purchaser-consumers, the SMC may assign set-aside in accordance with section 15-10-13. (f) The SMC may add to, delete from, or otherwise amend the priority classification when the amendment is accomplished by written justification. The amendments shall be publicly announced and advertised. [Eff FEB 17 1987] (Auth: HRS §125C-23) (Imp: HRS §§125C-22, 125C- 23) §15-10-19 Decision and authorization of set-aside assignments. (a) Upon consideration of the application, Appendix B (continued) Appendix B, p. 19 and other relevant information received or obtained during its evaluation, the SMC shall make a decision denying or granting the application. (b) Upon granting a set-aside, the SMC shall issue to the applicant an order authorizing such assignment. The order shall state that it is effective upon issuance and shall expire unless the applicant presents a copy of the order to the prime supplier or a designated representative thereof with ten days of the issuance of the order. The SMC shall mail copies of the order to the applicant and to the state representative of the designated prime supplier. Prime Suppliers shall provide the assigned amount of a product specified in the order upon its receipt or presentation by the applicant. [Eff FEB 17 1987] (Auth: HRS §125C-23) (Imp: HRS §§125C-22, 125C-23).