Section 11-60.1-57 - Agricultural burning: action on application(a) The director shall act on a complete application within a reasonable time, but not to exceed ninety calendar days from the date the complete application is received, and shall notify the applicant in writing of the approval or denial of the application. If the director has not acted on an application within the ninety calendar-day period, the application shall be deemed to have been approved.(b) If an application is denied, the applicant may request in writing, a re-evaluation of the application to the director.(c) If the application is denied after the re-evaluation, the applicant may request a hearing in accordance with chapter 91, HRS.(d) The permit may be granted for a period of up to one year from the date of issuance.(e) At the director's sole discretion or the application of any person, the director may terminate, suspend, reopen, or amend a permit if, after affording the applicant a hearing in accordance with chapter 91, HRS, it is determined that:(1) Any condition of the permit has been violated;(2) Any provision of this chapter has been violated;(3) Any provision of chapter 342B, HRS, has been violated;(4) The maintenance or attainment of NAAQS and state ambient air quality standards will be interfered with; or(5) The action is in the public interest.(f) The permit shall not be transferable whether by operation of law or otherwise or from one person to another.Haw. Code R. § 11-60.1-57
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; comp 11/14/03; am and comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-21, 342B-24, 342B-27; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, and 52) (Imp: HRS §§ 342B-3, 342B-12, 342B-21, 342B-24, 342B-27; 42 U.S.C. §§7407, 7416; 40 C.F.R. Parts 50, 51, and 52)Historical note: § 11-60.1-57 is based substantially upon § 11-60-36. [Eff 11/29/82; am, ren § 11-60-36 and comp 4/14/86; am and comp 6/29/92; R 11/26/93]