Chapter 19-2

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
SUBTITLE 1
ADMINISTRATION
CHAPTER 2
PARTICIPATION IN THE DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM
§19-2-1 	Purpose
§19-2-2 	Authorization
§19-2-3 	Substance of rules
§19-2-4 Adoption
§19-2-5 	Applicability
§19-2-6 	Repealed
§19-2-6.1 Emergency rulemaking
§19-2-7 	Repealed
§19-2-1 Purpose.The purpose of this chapter is
to implement the Disadvantaged Business Enterprise
( "DBE") Program as required by Title 49, Code of Federal
Regulations, Parts 23 and 26, entitled "Participation
by Disadvantaged Business Enterprises in Department of
Transportation Programs. [Eff 8/4/80; am and comp
DEC 20 1999 ] (Auth: HRS §§261-12, 264-23, 264-24,
266-2) (Imp: HRS §§261-12, 264-23, 264-24, 266-2)
§19-2-2 Authorization.The state director of
transportation is required to implement a disadvantaged
business enterprise program in order to receive federal
financial assistance. Sections 261-12, 264-23, 264-24,
266-2, Hawaii Revised Statutes, authorize the state
director of transportation to promulgate rules and
regulations for the purposes of complying with federal
rules and program requirements. The state director of

transportation shall also adopt a program plan that
reflects the federal rule requirements referenced in
Section 19-2-4. [Eff 8/4/80; am and comp
DEC 20 1999 ] (Auth: HRS §§261-12, 264-23, 264-24,
266-2) (Imp: HRS §§261-12, 264-23, 264-24, 266-2)
§19-2-3 Substance of rules.Title 49, Code of
Federal Regulations, Parts 23 and 26, requires that
states participating in the federal transportation
program establish a disadvantaged business enterprise
program in which firms owned and controlled by
minorities and women may participate in federally
assisted transportation projects. The State's failure
to comply with the federal department of transportation
disadvantaged business enterprise rules may result in
the termination of the State' s financial agreement with
the federal Department of Transportation and may affect
the State's ability to obtain future federal Department
of Transportation grants. [Eff 8/4/80; am and comp
DEC 20 1999 ] (Auth: HRS §§261-12, 264-23,
264-24, 266-2) (Imp: HRS §§261-12, 264-23, 264-24,
266-2)
§19-2-4 Adoption.The provisions of Title 49,
Part 23 Code of Federal Regulations, Participation by
Disadvantaged Business Enterprises in the Department of
Transportation Programs in Airport Concessions, and
Part 26 Disadvantaged Business Enterprises in the
Department of Transportation Financial Assistance
Programs, are adopted and incorporated by reference as
part of the state department of transportation's rules
and regulations. [Eff 8/4/80; am and comp
DEC 20 1999 	] (Auth: HRS 	§§261-12, 264-23, 264-24,
266-2) (Imp: HRS §§261-12, 264-23, 264-24, 266-2)
§19-2-5 Applicability.This chapter shall only
apply to federal programs that are administered by the
state department of transportation by which funds are
made available to members of the public for the

accomplishment of the purposes of the department. [Eff
8/4/80; am and comp DEC 20 1999 ] (Auth: HRS §§261-
12, 264-23, 264-24, 266-2) (Imp: HRS §§261-12, 264-23,
264-24, 266-2)
§19-2-6 REPEALED.[R 	DEC 20 1999 ]
§19-2-6.1 Emergency rulemaking.The department
of transportation may adopt emergency rules pursuant to
the requirements of section 91-3(b), HRS. [Eff and
comp DEC 20 1999 ] 	(Auth: HRS §91-2) (Imp: HRS
§91-3)
§19-2-7 REPEALED.[R
DEC 20 1999 ]

Amendments to and compilation of Title 19,
Subtitle 1, Chapter 2, Hawaii Administrative Rules, on
the Summary Page dated 	were adopted on
following public hearings that were
held on 	after
public notice was given in the
on
They shall take effect ten days after the filing with
the Office of the Lieutenant Governor.
KAZU HAYASHIDA
Director of Department of
Transportation
BENJAMIN J. CAYETANO
Governor
State of Hawaii
Dated: 12/1/99
DEC 09 1999
Filed
APPROVED AS TO FORM:
Deputy Attorney General