HAR §11-200-4. Identification of accepting authority

(a) Whenever an agency proposes an action, the final authority to accept a statement shall rest with: - 6 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial (1) The governor, or an authorized representative, whenever an action proposes the use of state lands or the use of state funds or, whenever a state agency proposes an action within section 11-200-6(b); or (2) The mayor, or an authorized representative, of the respective county whenever an action proposes only the use of county lands or county funds. (b) Whenever an applicant proposes an action, the authority for requiring statements and for accepting any required statements that have been prepared shall rest with the agency initially receiving and agreeing to process the request for an approval. In the event that there is more than one agency that has jurisdiction over the action, and these agencies are unable to agree as to which agency has the responsibility for complying with section 343- 5(c), HRS, the office, after consultation with the agencies involved, shall determine which agency is responsible. In making the determination, the office shall take into consideration, including, but not limited to, the following factors: (1) The agency with the greatest responsibility for supervising or approving the action as a whole; (2) The agency that can most adequately fulfill the requirements of chapter 343, HRS, and this chapter; (3) The agency that has special expertise or access to information; and (4) The extent of participation of each agency in the action. [Eff 12/6/85; am and Comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-5, 343-6) SUBCHAPTER 5 APPLICABILITY