Administrative Rules Proposed by Previous Administration
In 2008, Governor Linda Lingle granted permission to the Department of Hawaiian Home Lands to conduct public hearings on certain proposed amendments that include changes to Chapter 10-1 and Chapter 10-2, the repeal of Chapter 10-5 and substitution of Chapter 10-5.1, and the creation of a new Chapter 10-7. These amendments are technical and administrative in nature.
Statewide public hearings were conducted simultaneously at six DHHL office locations on Thursday, September 2, 2010, and these public hearings were followed by a 30-day public comment period which concluded on October 4, 2010. The department received evidence and comments during the hearings and comment period from six testifiers. Our staff reviewed, considered, and responded to each comment. Further, the public hearings and public comment period were preceded by a series of statewide beneficiary consultation meetings. These meetings were designed to inform beneficiaries of these proposed amendments and explain the public hearing process. Notices of these consultation meetings were mailed to all lessees and applicants and were also e-mail to homestead leaders, participants in our Regional Plan processes, and all e-mail addresses recorded in our applicant and lessee database.
At its regular meeting on October 19, 2010, the Hawaiian Homes Commission unanimously voted to approve the final draft of the amendments to the rules and authorized staff to transmit the final amendments to the Governor for approval and filing. However, in the course of the final legal review, the final amendments were not approved as to form. These amendments must be reviewed and approved again, and public hearings on these same amendments will be repeated.
In July 2011, the Hawaiian Homes Commission approved these amendments and the department will transmit these to the Office of the Attorney General and the Governor for review and approval for public hearings. Since the content of the rule amendments addressed during the beneficiary consultation process last year are substantively the same as the amendments, a second consultation should not be necessary.
Please check this page periodically as we post additional background information and updates on this rulemaking process. Mahalo!
OVERVIEW OF PROPOSED AMENDMENTS
The proposed amendments to Chapter 10-1 include updates of the department’s office locations (mailing and physical addresses), add definitions for terms utilized by the department, and minor syntax edits to improve the readability of rules in this chapter.
The proposed amendments to Chapter 10-2 enhance departmental efficiencies by eliminating unnecessary delays that result from having to wait for commission actions for items that are routine in nature or previously approved. The proposed amendments also improve communication with the public by clarifying what is required of the commission should they take an action on an item presented to them by a member of the public.
The proposed Chapter 5.1 will improve the department’s and commission’s operations that relate to the contested case hearing process. The chapter clarifies the procedures related to this process and provides for time frames in which specified actions should occur. This should reduce ambiguity for anyone interested in proceeding with this process in front of the commission.
In 2000, NAHASDA was amended by Congress to add Title VIII, Housing Assistance for Native Hawaiians. Title VIII provides for a similar program for Native Hawaiian families who are eligible to reside on Hawaiian home lands. To remain in compliance with federal guidance regarding the implementation of this program, DHHL must develop rules related to the implementation of Native Hawaiian Housing Block Grant program at the state level. Chapter 7, therefore, is the proposed rules associated with this new federal program. Much of the language closely mirrors the language utilized at the federal level.
The new chapter 10-7 will require that the department prepare written five-year and one-year Native Hawaiian Housing Plans (NHHP) that outline how the NHHBG will be utilized. In addition, each year an annual performance report regarding the use of the NHHBG funds must be submitted to the U.S. Department of Housing and Urban Development (HUD). With such plans and review, DHHL will be able to systematically track and assess the activities funded under this program and implemented by the department or one of its sub-recipients.