Section 4-158-22 - Negotiation(a) A lease of non-agricultural park lands may be disposed of through negotiation upon a finding by the board that the public interest demands the disposition as provided by section 171-18, HRS.(b) After a determination is made, to negotiate the disposition of a lease, the administrator shall: (1) Give public notice in accordance with the procedure set forth in section 4-158-30(d), of the department's intention to lease non-agricultural park lands through negotiation, setting forth the minimum conditions thereunder, and the uses for which the land will be leased. Any person interested in securing the lease shall file an application with the administrator not later than forty-five days after the first publication of the notice.(2) Determine the applicants who meet the criteria for selection set by the board and notify all applicants of the administrator's determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established by the board were followed; provided that if any applicant does not notify the administrator of the applicant's objections, and the grounds therefor, in writing, within twenty days of the receipt of the notice, the applicant shall be barred from proceeding to seek legal remedy for any alleged failure of the department to follow the conditions and criteria.(c) If only one applicant meets the criteria for selection of the lessee, the board may, after notice as provided in subsection (b)(2), dispose of the lease by negotiation.(d) If two or more applicants meet the criteria for the selection of the lessee, the board shall select the lessee who submits the highest offer contained in a sealed bid deposited with the administrator.(e) Disposition of non-agricultural park lands set aside for common use or for the processing of agricultural products may be negotiated without regard to the limitations set forth in this section and section 4-158-29; provided that the disposition encourages competition within the agricultural processing industry and shall not exceed a maximum term of thirty-five years.(f) The lease shall be issued when conditions of the award of lease are fulfilled.(g) Notwithstanding the provisions of this section and section 4-158-29, the board may renegotiate leases as provided in section 4-158-2.[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6)