HAR §15-305-33
HAR §15-305-33. Substitution of applicants
Cite as Haw. Code R. § 15-305-33
·
(a)
A
substituting lessee may take the place of a
withdrawing lessee provided that the substituting
lessee meets all of the qualification requirements
stated in section 15-305-18, and submits the financial
information called for in section 15-305-16.
(b)
The substituting lessee shall submit to the
executive director a request for substitution.
The
executive director shall make a preliminary
determination of the applicant's qualification to be
substituted as a lessee.
(c)
The lessee who is being substituted shall
assign all title, rights and interest under the
application to the substituting lessee.
The
substituting lessee shall assume all liabilities of
the withdrawing lessee.
(d)
The substituting lessee shall assume all
responsibility for obtaining approval of the court for
substitution into the condemnation action.
[Eff JUN 1 5 2007
1
(Auth:
HRS §516-7) (Imp:
HRS
§S516-7 , 516-63)
305-17
27 56
§15-305-34
§15-305-34
Submission of cost expenditures by
fee owners.
(a)
Subsequent to the designation, the
fee owner, lessor and the legal and equitable owners
of the lots condemned by the corporation, shall
maintain and submit to the corporation a quarterly
report on the costs incurred or expended.
This
quarterly report shall be submitted within thirty
calendar days following the end of each quarter
involved, and shall be used for the purpose of
determining pro rata costs of each lot in the event it
is withdrawn from the condemnation action.
(b)
The initial quarterly report shall consist
of costs incurred or expended during the month of
designation, as well as during the three calendar
months following.
Thereafter, three calendar months
shall constitute a quarter.
(c)
Such reports shall also be updated from time
to time upon the dismissal of a lot and lessees from
the condemnation action.
The update to the date of
dismissal shall be submitted to the corporation within
thirty calendar days after notification of the
dismissal.
(d)
Failure to submit the expenditure report as
prescribed will be grounds for disallowing the same
unless the delay is consented to by the corporation
for good cause shown.
(e)
Costs expenditure submitted shall be subject
to review and approval of the corporation or the
courts in case of disagreement.
[Eff
]
(Auth:
HRS §516-7) (Imp:
HRS §§516-6✓Uij1151Z.Oo-i16-30)