HAR §16-119.5-5. Publication of announcement

"General circulation" as used in section 514B-95.5, HRS, includes a newspaper that is published daily and distributed to all segments of the population and that reports national and statewide news and information of a general nature and interest. A newspaper published in the county includes a newspaper that is published at least weekly and distributed to all segments of the population and that reports national and statewide news and information of a general nature and interest. [Eff MAR 2 6 2026 (Auth: HRS §514B-61) (Imp: HRS §514B-95.5) 16-119.5-6 Extenuating circumstances affecting an owner-occupant's compliance. (a) Any person who executes an owner-occupant affidavit pursuant to part V(B) of chapter 514B, HRS, may request that the commission: (1) Issue an informal non-binding interpretation that an extenuating circumstance exists as specified in section 514B-98.5, HRS; and (2) Issue a "no action" letter for any violation of this subpart based on the existence of an extenuating circumstance described in the request with the commission reserving its right to initiate future action should new information substantiate possible violation. 119.5-3 3 6 2 6 §16-119.5-6 (b) The request shall be made on a form approved by the commission. A copy of an executed owner- occupant affidavit shall be attached to the request. (c) The commission may consider the following in determining the existence of an extenuating circumstance as provided in section 514B-98.5, HRS: (1) For a serious illness, a certified statement by the treating United States-licensed physician of the affiant or the person who was to have occupied the unit that the illness: (A) Arose after the date of the execution of the owner affidavit; (B) Was not previously known; (C) Is serious; (D) Is likely to exist for at least the remainder of the required owner- occupant period; and (E) Is of such a nature and scope the specifics of which prevent such person from occupying the unit. (2) For an unforeseeable job or military transfer, a certification by the owner- occupant affiant of the following: (A) Date of first knowledge of transfer; (B) Date of transfer; (C) Address of new job location; and (D) Duration of transfer. An employer executed document supporting the certification shall be attached to the commission approved request form. (3) For an unforeseeable change in marital status or change in parental status, a certification by the owner-occupant affiant of the following: (A) Date of marriage or date of separation or divorce (if applicable); (B) Date of birth of the newborn child (if applicable); (C) Date of change in legal custody of child or children and address on the date of taking custody or date custody 119.5-4 3 6 2 6 - V - §16-119.5-6 of child or children taken (if applicable); (D) Date that the owner-occupant affiant and family moved into the owner- occupant unit (if applicable); and (E) An explanation detailing specific reasons why the change in marital or parental status prevents the affiant from complying with the terms of the owner-occupant affidavit. Third party, government, or court documents supporting the certification shall be attached to the commission approved request form. (4) For any other unforeseeable change, a certification by the owner-occupant affiant of the following: (A) Chronological statement of the unforeseeable occurrence; (B) Specific reasons supporting how the unforeseeable occurrence affects compliance with the executed owner- occupant affidavit; and (C) Date of first knowledge of the unforeseeable occurrence. Supporting documents substantiating the date of first knowledge of the unforeseeable change by the owner-occupant shall be attached to the commission approved request form. The commission may require the owner- occupant to submit to the commission other additional information and documents in support of the extenuating circumstance request. ( d) Commission staff shall issue a "no action" letter on behalf of the commission where the existence of any of the extenuating circumstances of section 514B-98.5(b), HRS, is supported and is prima facie evidenced by the individual's request. All other requests for a "no action" letter shall be determined by the commission. [Eff MAR 2 6 2026 (Auth: HRS 119.5-5 3 6 2 6