Haw. Code R. § 11-62-12

Current through September, 2024
Section 11-62-12 - Timely processing
(a) This section applies to applications for a permit, license, certificate or any form of approval required under this chapter.
(b) The director shall approve, approve with conditions, or deny a complete application and notify the applicant accordingly within one hundred eighty days of the receipt of the complete application. Otherwise, the application is deemed automatically approved on the one hundred eighty-first day.
(c) The director shall determine and notify an applicant of the completeness or deficiency of an application covered by this section, including payment of required fees, within forty-five days of receipt of the application. Failure by the applicant to provide additional information, pay the fees, or correct a deficiency for completeness of the application is sufficient ground to suspend or terminate a review of the application. The director shall determine and notify an applicant of the completeness of a revised application covered by this section, including payment of required fees, within thirty days of receipt of the revised completed application.
(d) Notice to the applicant shall be complete upon mailing, facsimile transmission, or electronic mail transmission.
(e) The period for the director's action includes all calendar days, but if the period ends on a Saturday, Sunday, or state holiday, the period extends to the next working day.
(f) The one hundred eighty day period for the director's action under subsection (b) applies to the director's initial decision and notice. The initial decision and notice do not become untimely if later there is a request for hearing, an actual hearing, a lawsuit, or other challenges to the initial decision which prevents it from becoming final.
(g) The time for the director's action and notice to the applicant shall be extended when allowed by section 91-13.5, HRS.
(h) Any action taken and any wastewater system or sludge facility built, modified, or operated under an automatic approval shall comply with all applicable requirements of this chapter, and the automatic approval is effective for a period of one year.

Haw. Code R. § 11-62-12

[Eff 10/21/00; comp 12/09/2004] (Auth: HRS §§ 91-13.5, 322-11, 322-8(a), 342D-4, 342D-5) (Imp: HRS § 91-13.5)
Am and comp 3/21/2016