Haw. Code R. § 4-153-22

Current through November, 2024
Section 4-153-22 - Notices
(a) Each notice of proposed lease disposition shall contain the following information:
(1) General information regarding all the parcels or lots offered for lease, such as time and place of disposition, terms and conditions of disposition, qualification of applicants, procedure for filing application, conditions of award, if any, and time and place at which more detailed information regarding the lease disposition may be obtained; and
(2) Specific information pertaining to the individual parcels or lots offered for lease such as the parcel or lot number, its description, location and area, minimum, base, or upset rental, basis for additional rent if any, method of payment, purpose for which leased, the term of lease, building requirement, and other such covenants and conditions; and
(3) The lessee's responsibility for applicable lease disposition costs pursuant to section 4-153-6.
(b) Negotiation. Notice of a proposed disposition by negotiation shall be published at least once in each of three successive weeks in a newspaper of general circulation in the State and in addition in a newspaper of general circulation in the appropriate county. The notice shall invite proposals and state in general terms the size, location, and minimum rental of lots to be leased, the terms of lease, and the last date on which application shall be received by the department, which date shall be not less than thirty days after the last date of publication of the notice.
(c) Drawings. Whenever a disposition by drawing by lots is proposed, notice inviting applications to participate in the drawing shall be published once a week for three successive weeks in a newspaper of general circulation published in the State and, in addition, in a newspaper of general circulation in the appropriate county. The notice shall contain:
(1) The qualifications required of applicants;
(2) A general description of the land, including the location and tax map key;
(3) The specific use for which the disposition is intended;
(4) Base rental to be charged, and basis for additional rent, if any; and
(5) The date by which all applications shall be filed, which date shall be not less than fourteen days after the last publication date.

Within not more than one hundred twenty days after the closing date for applications, the administrator shall select those qualified to participate in the drawing, notify all applicants as to whether or not they qualified, and conduct the drawing. The notice of selection of applicants qualified to participate in the drawing, together with the notice of drawing, shall be mailed to each applicant, whether or not the applicant in fact qualified. The notice of the drawing shall state the time and place of the drawing. In addition to the notice to each applicant, the administrator shall publish the notice of drawing at least three times within a period of ten days in a newspaper of general circulation in the State and, in addition, in a newspaper of general circulation in the appropriate county, each publication to be not more often than once in two successive days. Upon completion of the drawing, the award of leases shall be announced at the next regularly scheduled meeting of the board and the lease issued when conditions of the award are fulfilled.

(d) Auctions. Notice of any proposed disposition by public auction shall be published at least once in each of three successive weeks in a newspaper of general circulation in the State and, in addition, in a newspaper of general circulation in the appropriate county. The last publication shall be not less than ten days before the date of the auction. Notice of the auction shall contain the following:
(1) Time and place of the auction;
(2) General description of the land, including the location and tax map key;
(3) Specific use for which the disposition is intended;
(4) Upset rental to be charged and basis for additional rent, if any; and
(5) The date by which applications for qualification shall be filed.

The maps showing the metes and bounds description and the classification of the land shall be kept in the office of the department and shall be open for inspection at all reasonable hours.

Haw. Code R. § 4-153-22

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9, 171-16) (Imp: HRS § 166-6)