HAR §15-15-74. Decision

(a) For district boundary amendment petitions filed before December 31, 1995, within a period of not more than one hundred twenty days after the close of the hearing, unless otherwise ordered by the court, the commission, by filing findings of fact and conclusions of law, shall act to approve the petition, deny the petition, or to modify the petition by imposing conditions in accordance with subchapter 11. (b) For district boundary amendment petitions filed on or after July 14, 1998, prior to a period of not more than three hundred sixty-five days after the proper filing of the petition, unless otherwise ordered by a court, or unless a time extension, not to exceed ninety days, is established by a two-thirds vote of the members of the commission, the commission, by filing findings of fact and conclusions of law, shall act to approve the petition, deny the petition, or to modify the petition by imposing conditions in accordance with subchapter 11. If the commission fails to act on the petition pursuant to section 205-4(g), HRS, the petition shall be deemed approved, subject to the provisions of section 15-15-90(e). (c) Notwithstanding subsections (a) and (b), the commission shall act to approve, deny, or modify with conditions, a housing project petition submitted pursuant to Act 227, - 37 - Hawai`i Administrative Rules Title 15, Chapter 15 - Unofficial SLH 1992, within one hundred eighty days from the date the petition is accepted as a complete filing. The commission may extend the one hundred eighty day time period for an additional ninety days either upon stipulation of the parties, or upon determination by the commission that additional time is necessary to allow an adequate and complete record to be presented to the commission for its consideration. If the commission fails to act on the petition pursuant to Act 227, SLH 1992, the petition shall be deemed approved, subject to the provisions of section 15-15-90(e). (d) As used in subsection (c), a “housing project petition” means a petition in which the proposed use is for the development of single or multi-family housing units and ancillary uses. Upon motion by the petitioner that a petition is being submitted as a housing project petition pursuant to subsection (c), the commission shall promptly decide whether the petition may be so considered and subject to the provisions therein. (e) Notwithstanding subsections (a), (b), and (c), decisions for petitions submitted pursuant to section 201G-118, HRS, shall be made in the timeframe as provided in section 15-15-97. [Eff 10/27/86; am 3/24/94; am and comp 8/16/97; am and comp May 08 2000] (Auth: HRS §§91-13.5, 205-1, 205-4, 205-75) (Imp: HRS §§ 91-13.5, 201G-118, 205-4, SLH 1992, Act 227, §1, SLH 1994, Act 261, §1)