Chapter 19-1

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
SUBTITLE 1
ADMINISTRATION
CHAPTER 1
PRACTICE AND PROCEDURE
Subchapter 1 General Provisions
Section 19-1-1 Statement of policy
Section 19-1-2 Definitions
Section 19-1-3 Offices of the department
Section 19-1-4 Office hours
Section 19-1-5 Public records
Section 19-1-6 Public information and submittals
Subchapter 2 Procedures on Contested Cases
Section 19-1-7 Hearings
Section 19-1-8 Commencement
Section 19-1-9 Appearances before the department
Section 19-1-10 Filing of documents
Section 19-1-11 Docket
Section 19-1-12 Computation of time
Section 19-1-13 Continuances or extensions of time
Section 19-1-14 Amendment of documents and dismissal
Section 19-1-15 Retention of documents by the department
Section 19-1-16 Public information
Section 19-1-17 Decision
Section 19-1-18 Substitution of parties
Section 19-1-19 Consolidations
Section 19-1-20 Intervention

Subchapter 3 Procedures for Rulemaking
Section 19-1-21 Notice of proposed rulemaking
Section 19-1-22 Further notice of hearing
Section 19-1-23 Conduct of hearing
Section 19-1-24 Department action
Section 19-1-25 Emergency rulemaking
Section 19-1-26 Petitions for adoption, amendment or repeal of
rules
Subchapter 4 Special Proceedings
Section 19-1-27 Petition for declaratory rulings
Subchapter 5 Application for a Business or
Development -Related Permit, License,
or Approval
Section 19-1-28 Granting or denying of application.
Historical Note: Chapter 1 of Title 19 is based
substantially on the Rules of Practice and Procedure.
(Eff 3/23/78; R 6/1/81)
SUBCHAPTER 1
GENERAL PROVISIONS
Section 19-1-1 Statement of policy.This chapter shall
govern the practice and procedure before the department
of transportation. It is the intention that this
chapter shall effectuate and carry out the purposes and
policies of chapter 91, Hawaii Revised Statutes, and
shall be construed and interpreted in the manner most
favorable to secure the just, speedy and inexpensive
determination of every proceeding authorized by law.
[Eff 6/1/81; comp OCT 16 2000] (Auth: HRS Section 91-2)
(Imp: HRS Section 91-2)
Section 19-1-2 Definitions.Whenever used in this
chapter, unless the context otherwise requires
"Complainant" means the person, agency or officer
upon whose complaint a proceeding is instituted.

"Contested case" means a proceeding in which the
legal rights, duties, or privileges of specific parties
are required by law to be determined after opportunity
for hearing before the director.
"Department" means the department of
transportation.
"Director" means the director of transportation.
"Hearing" means any formal proceeding for the
determination of the legal rights of specific parties
which is authorized by law or rules in a matter which is
initiated by action taken, or to be taken, by the
department or which may be initiated by a petition or
application for the granting of any right, privilege,
authority or relief from or after administrative action.
"Party" means each person or agency named or
admitted as a party, or properly seeking and entitled as
of right to be admitted as a party in a hearing.
"Person" includes individuals, partnerships,
corporations, associations, or public or private
organizations of any character other than agencies.
"Petitioner" means the person making or on whose
behalf a petition or application is made for a hearing
which the director may hold under statutory or other
authority delegated to him or for a declaratory ruling,
as to the applicability of any statutory provision or of
any department rule or order, or for the adoption,
amendment or repeal of any department rule or
regulation.
"Presiding officer" means the person conducting the
hearing and may be the director of transportation or his
representative.
"Public records" shall have the same meaning as is
given the term in chapter 92, Hawaii Revised Statutes,
and includes all rules, written statements of policy or
interpretation formulated, adopted, or used by the
department, all final opinions and orders, and any
standard form or instrument used by the department.
"Respondent" means the party in a contested case
against whom an order to show cause has been issued by
the director on his own initiative or a notice of
hearing has been issued on the basis of a complaint
filed with the director.
"Rulemaking" means any formal action for the
adoption, amendment or repeal of any rule of the
department. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-2)

Section 19-1-3 Offices of the department.(a)The
departmental or central office of the department and the
office of the director are located at 869 Punchbowl
Street, Honolulu, Hawaii 96813 .
(b)Divisional and staff offices. The department
has three main divisions and a staff office concerned
with rules. Their offices are at the following
locations :
(1)Airports Division - Honolulu International
Airport, Honolulu, Hawaii 96819 ,
(2)Harbors Division - 79 South Nimitz Highway,
Honolulu, Hawaii 96813,
(3)Highways Division - 869 Punchbowl Street,
Honolulu, Hawaii 96813 ,
(4)Motor Vehicle Safety Office - 601 Kamokila
Boulevard, Kapolei, Hawaii 96707 .
[Eff 6/1/81; am and comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 26-19)
Section 19-1-4 Office hours.The offices of the
department and of each division shall be open from
7:45 a.m. to 4:30 p.m. of each week day, except such
other days as may be holidays by statute or executive
order. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 8-1)
Section 19-1-5 Public records.(a)All public records
of the department shall be available for inspection
during established office hours, subject to the
limitations prescribed in chapter 92, Hawaii Revised
Statutes, and in any other law.
(b)All requests for public records shall be made
in writing to the director. Such writing shall identify
the record or describe the character of the record, the
purpose for which the request is made, and the use or
anticipated use for which the record is desired,
including persons or agencies to which such record or
information from the record may be made available and
including the court action or anticipated court action
for which such record may be used. Such requests shall
be in ink or typewritten and must be signed in ink by
the requesting party or his duly authorized agent or
attorney. For good cause, the director may deny such
requests.

(c)All public records printed or reproduced by
the department in quantity shall be available to any
person who requests the same and pays the fees
established by or pursuant to law.
(d)Where facilities are available, photocopies of
other public records shall be made and given to any
person who requests the same and pays the fees
established by or pursuant to law.
(e)Requests for public information, for
permission to inspect official records or for copies of
public records will be handled with due regard for the
dispatch of official public duties. [Eff 6/1/81;
comp OCT 16 2000] (Auth: HRS Section 91-2)
(Imp: HRS Sections 91-2, 92-21, and 92-51)
Section 19-1-6 Public information and submittals.(a)
Any person may obtain such information as is available
for public dissemination concerning the activities of
the department from the appropriate offices of the
department during established business hours.
(b)Any person may file in the office of the
director requests, objections, or views, on any matter in
any proceedings before the department in accordance with
this chapter. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-2)
SUBCHAPTER 2
PROCEDURES ON CONTESTED CASES
Section 19-1-7 Hearings.The department may on its own
motion or on the complaint or petition of any interested
person or an agency of the state or county government,
hold a hearing on a contested case as is required by law
or rules of the department. For such purposes it may
subpoena witnesses and require the production of
evidence. Procedures to be followed by the department
shall, unless specifically prescribed in these rules or
by chapter 91, Hawaii Revised Statutes, be such as in
the opinion of the department will best serve the
purposes of such hearing. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-9)

Section 19-1-8 Commencement.(a)A hearing on a
contested matter shall be commenced by the department on
its own motion or upon the complaint or petition of any
interested person or agency, of the state or county
governments, when the processing of such complaint or
petition necessitates such a hearing.
(b)No hearing on a contested case shall be held
until due notice is given to all parties as provided in
chapter 91, Hawaii Revised Statutes.
(c)A complaint or petition by an aggrieved person
or proper party or by an interested agency, of the state
or county governments, requesting such a hearing shall
contain concise statements of: (1) the legal authority
under which the proceeding, hearing or action is to be
held or made, (2) the disagreement, denial, grievance
or such matter which is being contested by the
complainant or petitioner, (3) the basic facts and
issues raised, and (4) the relief to which the party,
complainant or petitioner deems itself entitled. The
department may prepare departmental forms which may be
substituted for any complaint or petition which may be
required for any authorized proceedings pursuant to law
or rules.
(d)The director shall conduct the hearings on a
contested case and shall render the decision and shall
issue such orders and take such actions as may be
required; provided that the director may designate a
representative who shall be the presiding officer and
shall conduct such hearings and shall make
recommendations in writing to the director, which
recommendations shall include recommendations as to
findings of fact and conclusions of law. The director
shall then render the decisions as to findings of fact
and conclusions of law and shall issue such orders and
take such actions as may be further required.
(e)In all such hearings, the presiding officer
shall have the power to give notice of the hearing,
administer oaths, compel attendance of witnesses and the
production of documentary evidence, examine witnesses,
take depositions, certify to official acts, issue
subpoenas, rule on offers of proof, receive relevant
evidence and perform such other duties necessary for the
proper conduct of such hearings.
(f)Any rule of these rules of practice and
procedure may be suspended or waived by the department
or by the presiding officer, before whom the matter is
heard, to prevent undue hardship in any particular
instance.

(g)The hearing officer may engage the services of
a stenographer or someone similarly skilled, to take a
verbatim record of the evidence presented at any
hearing. If a verbatim record is taken, any party may
request a certified transcript of the proceedings. The
party making the request shall be responsible for the
fees for the transcript. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-9)
Section 19-1-9 Appearance before the department.
(a)An individual may appear in his or her own behalf;
a general partner may represent a partnership; a bona
fide officer or employee of a corporation, trust or
association may represent the corporation, trust or
association; and an officer or employee of a
governmental agency may represent such agency in any
hearing.
(b)A person may be represented by an attorney or
attorneys-at-law, qualified to practice before the
supreme court of Hawaii in any hearing under these
rules.
(c)A person shall not be represented in any
hearing except as stated in subsections (a) and (b) of
this section.
(d)When an individual acting in a representative
capacity appears in person before the department, the
personal appearance or signature of the individual shall
constitute a representation to the department that under
the provisions of these rules and the law, the
individual is authorized and qualified to represent the
particular person on whose behalf the individual acts.
The department may at any time require any person acting
in a representative capacity to show proof of authority
and qualification to act in such capacity.
(e)No person who, because of his or her
association with the department as an officer, employee
or counsel, is disqualified by law, shall be permitted
to appear before the department in behalf of, or to
represent in any manner, any other person.
(f)No person appearing before the department in
any proceeding or matter shall, in relation thereto,
knowingly accept assistance from any person who would be
precluded by law from appearing before the department in
such proceeding or matter. [Eff 6/1/81;
comp OCT 16 2000] (Auth: HRS Section 91-2)
(Imp: HRS Section 91-9)

Section 19-1-10 Filing of documents.(a)All
pleadings, submittals, petitions, applications, charges,
reports, maps, exceptions, briefs, memoranda, and other
papers required to be filed in any proceeding, shall be
filed with the director or as instructed by the
director. Such papers may be sent by mail or hand-
carried to the department in Honolulu, Hawaii, within
the time limit, if any, or as set forth in any law, rule
or regulation, for such filing. The date on which the
papers are actually received by the department or at the
hearing shall be deemed to be the date of filing.
(b)All papers filed with the department shall be
written in ink, typewritten, mimeographed or printed,
shall be plainly legible, shall be on strong durable
paper, not larger than 8-1/2" x 14" in size except that
tables, maps, charts and other documents may be larger,
but shall be folded to the size of the documents to
which they are attached.
(c)All paper must be signed in ink by the party
or a duly authorized agent or attorney. The signature
shall constitute a certification that the party in
interest has read the document; that to the best of the
party's knowledge, information, and belief every
statement contained in the instrument is true and no
such statements are misleading; and that it is not
interposed for delay.
(d)Unless otherwise specifically provided by a
particular rule or order of the department, an original
and two copies of all papers shall be filed.
(e)The initial document filed by any person in
any proceeding shall state on the first page thereof the
name and mailing address of the person or persons who
may be served with any documents filed in the
proceeding. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-9)
Section 19-1-11 Docket.The director or the director's
representative shall maintain a docket of all contested
cases and each case shall be assigned a number.
[Eff 6/1/81; comp OCT 16 2000] (Auth: HRS Section 91-2)
(Imp: HRS Section 91-9)
Section 19-1-12 Computation of time.In computing any
period of time prescribed or allowed by these or other
applicable rules or by order of the department, the day

of the act, event or default after which the designated
period of time begins to run shall not be included.
The last day of the period so computed shall be included
unless it is a Saturday, Sunday or holiday, in which
event the period runs until the next day which is not a
Saturday, a Sunday, or a holiday. Intermediate
Saturdays, Sundays and holidays shall be excluded in the
computation when the period of time prescribed or
allowed is seven days or less. As used in this section,
"holiday" includes any day designated as such pursuant
to section 8-1, Hawaii Revised Statutes. [Eff 6/1/81;
comp OCT 16 2000] (Auth: HRS Section 91-2) (Imp: HRS Section 91-9)
Section 19-1-13 Continuances or extensions of time.
Whenever a person or agency has a right or is required
to take action within the period prescribed or allowed
by this chapter, by notice given as prescribed by this
chapter or by an order or rule, the presiding officer
may (1) before the expiration of the prescribed period,
with or without notice, extend such period; or (2) upon
motion, permit the act to be done after the expiration
of a specified period where the failure to act is
reasonably shown to be excusable. [Eff 6/1/81;
comp OCT 16 2000] (Auth: HRS Section 91-2) (Imp: HRS Section 91-9)
Section 19-1-14 Amendment of documents and dismissal.
If any document initiating, or filed in, a contested
case is not in substantial conformity with the
applicable rules of the department as to the contents
thereof, or is otherwise insufficient, the department,
on its motion, or on motion of any party, may strike
such document, or require its amendment. If amended,
the document shall be effective as of the date of the
original filing. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-9)
Section 19-1-15 Retention of documents by the
department.All documents filed with or presented to
the department shall be retained in the files of the
department, except that the department may permit the
withdrawal of original documents upon submission of
properly authenticated copies to replace such documents.
[Eff 6/1/81; comp OCT 16 2000] (Auth: HRS Section 91-2)
(Imp: HRS Section 91-9)

Section 19-1-16 Public information.(a)Unless
otherwise provided by statute, rule or order of the
department, all information contained in any pleading,
submittal, petition, application, charge, statement,
recommendation, report, map, exception, brief,
memorandum or other document filed with the department
pursuant to the requirements of a statute or rule or
order of this department shall be available for
inspection by the public after final decision.
(b)Confidential treatment may be requested where
authorized by statute. For good cause shown, the
presiding officer shall grant such request.
(c)When permitted or authorized, matters of
public record may be inspected in the offices of the
department in Honolulu during regular office hours.
[Eff 6/1/81; comp OCT 16 2000] (Auth: HRS Section 91-2)
(Imp: HRS Section 91-9)
Section 19-1-17 Decision.All final orders, opinions or
rulings entered by the department in a hearing shall be
served upon the parties or persons participating in the
hearing by regular mail or personal delivery by the
department. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2)
Section 19-1-18 Substitution of parties.Upon motion
and for good cause shown, the presiding officer may
order substitution of parties, except that in case of
death of a party, substitution may be ordered without
the filing of a motion. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-9)
Section 19-1-19 Consolidation.The presiding officer,
upon the officer's own initiative or upon motion, may
consolidate for hearing or for other purposes or may
contemporaneously consider two or more proceedings which
involve substantially the same parties, or issues which
are the same or closely related, if the officer finds
that such consolidation or contemporaneous hearing will
be conducive to the proper dispatch of the business of
the department and to the ends of justice and will not
unduly delay the proceedings. [Eff 6/1/81;
comp OCT 16 2000] (Auth: HRS Section 91-2) (Imp: HRS Section 91-9)

Section 19-1-20 Intervention.Applications to intervene
in a proceeding shall comply with section 19-1-10 and
shall be served upon all parties. Applications for
intervention will be granted to persons properly seeking
and entitled as of right to be admitted as a party;
otherwise at the discretion of the presiding officer,
they may be denied. As a general policy, such
applications shall be denied unless the petitioner shows
that it has an interest in a question of law or fact
involved in the contested matter. [Eff 6/1/81;
comp OCT 16 2000] (Auth: HRS Section 91-2) (Imp: HRS Section 91-9)
SUBCHAPTER 3
PROCEDURES FOR RULEMAKING
Section 19-1-21 Notice of proposed rulemaking.(a)
When upon its own motion, the department proposes to
adopt, amend or repeal a rule or regulation, a notice of
the proposed rulemaking action will be published at
least once in a newspaper of general circulation in the
state at least thirty calendar days prior to the date of
the public hearing. Notice shall be mailed to all
persons who make a timely request for advance notice of
such rulemaking hearing.
(b)A notice of the proposed adoption, amendment
or repeal of a rule shall include:
(1)A statement of the date, time, and place where
the public hearing shall be held.
(2)Reference to the authority under which the
adoption, amendment, or repeal of a rule is
proposed.
(3)A statement of the substance of the proposed
rulemaking action.
[Eff 6/1/81; am and comp OCT 16 2000 ]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-3)
Section 19-1-22 Further notice of hearing.For any
rulemaking hearing where the department deems it
warranted, an additional notice of the public hearing
shall be published in a newspaper of general circulation
in the State. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-3)

Section 19-1-23 Conduct of hearing.(a)Each rule-
making hearing shall be presided over by the director or
the director's representative. The hearing shall be
conducted in such way as to afford to any interested
person a reasonable opportunity to be heard on matters
relevant to the issues involved and so as to obtain a
clear and orderly record. The presiding officer shall
have authority to take all actions necessary to the
orderly conduct of the hearing.
(b)At the commencement of the hearing, the
presiding officer shall summarize the notice of the
hearing and outline briefly the procedure to be
followed. Testimony on the matters specified in the
notice of the hearing shall then be received in such
order as the presiding officer shall prescribe.
(c)Submission of evidence. All interested
persons shall be given reasonable opportunity to offer
evidence with respect to the matters specified in the
notice of hearing. Every witness shall, before
proceeding to testify, state his or her name, address,
and whom he or she represents at the hearing, and shall
give such other information respecting his or her
appearance as the presiding officer may request. The
presiding officer shall confine the evidence to the
questions before the hearing but shall not apply
technical rules of evidence. Every witness shall be
subject to questioning by the presiding officer, but
cross-examination by private persons shall not be
permitted except if the presiding officer expressly
permits it.
(d)Oral and written presentation at the hearing.
All interested persons or agencies of the State or
political subdivisions of the State will be afforded an
opportunity to submit data, views or arguments which are
relevant to the issues. In addition, or in lieu
thereof, persons or agencies may also file with the
department within five calendar days following the close
of the hearing a written protest, other comments or
recommendations in support of or in opposition to the
proposed rulemaking. Written protest, comments or
recommendations or replies thereto will not be accepted
unless an original and two copies are filed. The period
for filing written protest, comments or recommendations
may be extended by the presiding officer for good cause.
(e)Transcript of the evidence. Unless otherwise
specifically ordered by the presiding officer, testimony
given at a rulemaking hearing need not be reported

verbatim. All supporting written statements, maps,
charts, tabulations or similar data offered in evidence
at the hearing, and which are deemed by the presiding
officer to be authentic and relevant, shall be received
in evidence and made a part of the record. Unless the
presiding officer finds that the furnishing of copies is
impracticable, two copies of the exhibits shall be
submitted.
(f)Continuance of hearing. Each such hearing
shall be held at the time and place set in the notice of
hearing, but such time may be continued by the presiding
officer from day to day or adjourned to a later date or
to a different place without notice other than the
announcement thereof at the scheduled time and place.
[Eff 6/1/81; am 9/18/92; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-3)
Section 19-1-24 Department action.At the close of the
final public hearing, the presiding officer shall
announce the decision, or the date when the decision
shall be made. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-3)
Section 19-1-25 Emergency rulemaking.Notwithstanding
the foregoing rules, if the department finds that an
imminent peril to public health, safety, or morals
requires adoption, amendment or repeal of a rule upon
less than thirty days' notice of hearing, and, states in
writing its reason for such finding, it may proceed
without prior notice or hearing or upon such abbreviated
notice and hearing as it finds practicable to adopt an
emergency rule to be effective for a period not longer
than one hundred twenty days without renewal. [Eff
6/1/81; am and comp OCT 16 2000] (Auth: HRS Section 91-2)
(Imp: HRS Section 91-3)
Section 19-1-26 Petitions for adoption, amendment or
repeal of rules.(a)Scope. Any interested person or
any agency of the state or county government may
petition the department for the adoption, amendment,
modification or repeal of any rule which is designed to
implement, interpret, or prescribe law, policy,
procedure or practice requirements of the department.

(b)Form and contents. Petitions for rulemaking
action shall conform to the requirements of section
19-1-10. The petition shall set forth the text of the
proposed rule or amendment desired or specify the rule
the repeal of which is desired and state concisely the
nature of the petitioner's interest in the subject
matter and the reasons for seeking the adoption,
amendment or repeal of the rule and shall include any
facts, views, arguments and data deemed relevant by the
petitioner. The department may also require the
petitioner to serve other persons or governmental
agencies known to be interested in the proposed
rulemaking. No request for the adoption, amendment,
modification or repeal of a rule which does not conform
to the requirements set forth above shall be considered
by the department.
(c)Procedure. A petition for a change of rules
shall be given a docket number and shall become a matter
of public record upon filing. The department shall
within thirty days following the filing of the petition
either deny the petition in writing or may initiate the
rulemaking procedure. No public hearing, oral argument,
or other form of proceedings, shall be held directly on
any petition, but if the department determines that a
petition discloses sufficient reasons in support of the
relief requested to justify the institution of a public
hearing, the procedures to be followed will be as set
forth in sections 19-1-21 to 25. Where the department
determines that a petition does not disclose sufficient
reasons to justify the institution of a public
rulemaking action, or where the petition for a change of
rules fails in material respect to comply with the
requirements of these rules, petitioner shall be so
notified together with the grounds for such denial or
the department may request additional data and
supporting authorities before proceeding on the
petition. Failure on the part of the petitioner to
furnish data or supporting authorities within the time
specified in the request shall be deemed to be a
withdrawal of the petition. The provisions of this
section shall not operate to prevent the department, on
its own motion, from acting on any matter set forth in
any petition. [Eff 6/1/81; comp OCT 16 2000]
(Auth: HRS Section 91-2) (Imp: HRS Section 91-6)

SUBCHAPTER 4
SPECIAL PROCEEDINGS
Section 19-1-27 Petition for declaratory rulings.
(a)Form and contents. On petition of an interested
person, the department may issue a declaratory order as
to the applicability of any statutory provision or of
any rule or order of the department. Petitions for the
issuance thereof shall state clearly and concisely the
controversy or uncertainty, shall cite the statutory
authority involved, shall include a detailed statement
of all the facts and the reasons or grounds prompting
the petition, together with full disclosure of
petitioner's interest and shall conform to the
requirements of section 19-1-10.
(b)Additional data and supporting authorities.
The department, upon receipt of the petition, may
require the petitioner to file additional data or a
memorandum of legal authorities in support of the
position taken by the petitioner.
(c)Dismissal. The department may summarily
dismiss a petition for a declaratory ruling if the
petitioner refuses to comply with the requirements of
this section in a material respect.
(d)Consideration. Although in the usual course
of disposition of a petition for a declaratory ruling no
formal hearing will be granted to the petitioner or to a
party in interest, the director may in his discretion
order such proceeding set down for hearing. Any
petitioner or party in interest, who desires a hearing
on a petition for declaratory ruling, shall set forth in
detail in its request the reasons why the matters
alleged in the petition, together with supporting
affidavits or other written evidence and briefs or
memoranda of legal authorities, will not permit the fair
and expeditious disposition of the petition, and, to the
extent that such request for hearing is dependent upon
factual assertion, shall accompany such request by
affidavit establishing such facts. In the event a
hearing is ordered by the director, sections 19-1-7 to
20 shall govern the proceedings.
(e)Declaratory ruling on department's own motion.
Notwithstanding the other provisions of this chapter,
the department may on its own motion or upon the
complaint or petition of any interested person or an
agency of the state or county government hold such

proceedings as it may deem necessary from time to time
for the purpose of obtaining information necessary or
helpful in the determination of its policies, the
carrying out of its duties, or the formulation of its
rules. For such purposes it may subpoena witnesses and
require the production of evidence. Procedures to be
followed by the department shall, unless specifically
prescribed in this chapter or by chapter 91, Hawaii
Revised Statutes, be such as in the opinion of the
department will best serve the purposes of such
proceedings. Also, any provision of this chapter may be
suspended or waived by the department or presiding
officer before whom the matter is heard to prevent undue
hardship in any particular instance. [Eff 6/1/81;
comp OCT 16 2000] (Auth: HRS Section 91-2) (Imp: HRS Section 91-8)
SUBCHAPTER 5
APPLICATION FOR A BUSINESS OR
DEVELOPMENT-RELATED PERMIT, LICENSE OR APPROVAL
Section 19-1-28 Granting or denying of application.(a)
Unless otherwise provided by law, the department shall
grant or deny an application for a business or
development-related permit, license, or approval, within
ninety days of receipt by the department of the properly
completed application. Unless otherwise provided, if
the department does not take action to grant or deny the
application within the ninety-day deadline, the
application shall be deemed approved. This deadline
shall not apply to applications that are subject to
state administered permit programs delegated,
authorized, or approved under federal law. When an
environmental impact statement is required pursuant to
chapter 343 of the Hawaii Revised Statutes, or when a
contested case hearing is requested pursuant to chapter
91 of the Hawaii Revised Statutes, the application shall
not be deemed to be completed until the department
receives satisfactory verification of the acceptance or
nonacceptance of the final environmental impact
statement, or the decision on the contested case
hearing.
(b)The maximum period of time, including any
extension, established pursuant to this section shall be
extended in the event of a national disaster, state

emergency, or union strike, which would prevent the
applicant, the agency, or the department from fulfilling
application or review requirements.
[Eff and comp OCT 16 2000] (Auth: HRS Section 91-13.5;
Act 164)

DEPARTMENT OF TRANSPORTATION
Amendments to and compilation of Chapter 19-1,
Hawaii Administrative Rules, on the Summary Page, dated
September 22, 2000, were adopted on September 22, 2000,
following public hearings held on August 8 and 9, 2000,
after public notice was given in the statewide Hawaii
State & County Public Notices on June 26, 2000.
These amendments to and compilation of Chapter
19-1, Hawaii Administrative Rules, shall take effect ten
days after filing with the Office of the Lieutenant
Governor.
KAZU HAYASHIDA
Director of Transportation
APPROVED :
BENJAMIN J. CAYETANO
Governor
State of Hawaii
Date:
OCT 5 2000
Filed
APPROVED AS TO FORM:
Deputy Attorney General