Section 13-231-27 - Allocation of principal habitation permits(a) Application for a principal habitation permit; period of validity; renewal of application. (1) The first owner to file an application may be offered a principal habitation permit as described under subsection (e) if the maximum number of vessels authorized by Section 13-231-26(f) are not being used as the principal habitation of the owners; provided that no prior requests are pending as provided in this section.(2) If the maximum number of vessels permitted by Section 13-231-26(f) is being used as the principal habitation of the owners, an owner's application for a principal habitation permit shall be retained and honored when the total number of vessels so used is less than the maximum limit and the issuance of the permit is determined by the department to not be detrimental to the operations of the harbor or any planned use of the harbor. (A) An application for the issuance of a principal habitation permit shall be made in writing to the department by the owner on a form provided by the department. The department shall accept the application for consideration by endorsing it and entering the filing time and date on the application form submitted; one copy shall be given to the applicant. The time and date the application is endorsed by the department shall be the filing date and the effective date of the application for consideration and shall establish such applicant's seniority or priority over later applicants if the application remains valid. No application shall be accepted unless and until the application fee prescribed in these rules is paid by the applicant and review thereof has been conducted pursuant to subsection (b).(B) An application shall continue in full force and effect for a period ending one year from the effective date of the application, except as provided in subsection (c) unless terminated sooner in accordance with these rules. An application is void after the date of expiration indicated thereon.(C) An application may be renewed within a ninety-day period preceding its expiration date. An application properly renewed prior to its expiration date shall be valid for a period ending one year from expiration date of the previous application. No application for renewal shall be accepted until the fee prescribed in these rules is paid by the applicant.(D) It is the policy of the department to mail an application renewal notice to an applicant, prior to the expiration of the application, at the address the applicant has furnished to the department pursuant to subsection (c). However, the applicant is nonetheless responsible for the timely renewal of an application without receipt of a renewal notice from the department.(b) Review, and acceptance, or rejection of applications.(1) The department shall examine and determine the genuineness and regularity of each application and may conduct any investigation as may be deemed necessary for its examination and determination; and it may require additional information from the applicant as may be necessary to determine the genuineness and regularity of the application.(2) The department shall reject any application that contains a material misstatement or if the applicant has failed to disclose any material fact in the application.(3) An application shall not be accepted for consideration and shall be rejected if: (A) The application fee is not paid at the time the application is made;(B) The applicant is delinquent in the payment of any moneys due and payable to the department; or(C) The applicant has pending a citation for violation of any of the department's rules.(4) Upon rejection of an application, the department shall inform the applicant, in writing within a reasonable time, that the application has not been accepted for consideration and has been rejected and the reasons therefore. An applicant may cure the defect and reapply.(c) Applicant required to furnish address and report changes; effect of failure to report changes. (1) An applicant shall include the applicant's address in the application to the department for a principal habitation permit.(2) An applicant shall immediately notify the department in writing of any changes in the applicant's address in order to maintain the validity of his application.(3) An application shall be void if the department is unable to reach the applicant to offer the applicant a principal habitation permit at the address: (A) Appearing on the application; or(B) Furnished in writing to the department by the applicant as a change of address subsequent to submitting the application.(d) Withdrawal of application; effect if application has become void, expires, or has been withdrawn. (1) An application may be withdrawn by an applicant upon written notice to the department.(2) An applicant who withdraws an application or whose application has expired, or become void, may submit a new application for acceptance by the department. Seniority begins on the date the applicant's new application is accepted for consideration as provided in subsection (a)(2)(A).(e) Priority in the allocation of principal habitation permits. When the total number of vessels authorized by the department to be used as the principal habitation of the owners at Ala Wai or Keehi small boat harbors is less than the maximum number of vessels authorized to be so used pursuant to the provisions of section 13-231-26(f), the department may offer a principal habitation permit to the senior applicant eligible to receive such a permit.(f) Notice to owner of available principal habitation permit. When an offer of a principal habitation permit is provided for in this section, the department shall deliver the offer or send it by certified mail - return receipt requested, addressed to the applicant eligible to receive the offer pursuant to this section at the post office address furnished to the department in writing by the applicant.(g) Offer of principal habitation permit valid only fourteen days; written notice of intentions-acceptance . (1) An applicant may decline an offer of a principal habitation permit and retain the applicant's seniority if the applicant declines the offer in writing addressed to and received by the department, not later than fourteen days after the date of receipt of the offer. An applicant who declines an offer in writing and retains the applicant's seniority pursuant to this subsection shall not be considered for another offer on the basis of the applicant's seniority until six months have elapsed since the date of the applicant's last refusal.(2)(A) If an applicant decides to accept the offer of a principal habitation permit, the applicant shall either: (i) Deliver a written notice of intention to accept the offer to the department within fourteen days after the date of receipt of the offer; or(ii) Accept the offer by securing a principal habitation permit, within fourteen days after the receipt of the offer.(B) The applicant's application for a principal habitation permit and the offer by the State of a principal habitation permit shall be void if the applicant fails to either secure a principal habitation permit or give notice of intent to accept or to decline the offer in writing within fourteen days after the date of receipt of the offer, and the permit shall then be offered to the next senior applicant pursuant to this section.(3)(A) An applicant who has not accepted the offer but has delivered a written notice of Intention to accept to the department pursuant to paragraph (2) shall accept the offer by securing a principal habitation permit as prescribed in sections 13-231-2 and 13231-3 within fourteen days after the applicant mails or personally delivers the notice of intention to accept to the department.(B) Except as provided in paragraph (4) the applicant's application for a principal habitation permit, the offer by the State of a principal habitation permit and the applicant's notice of intention to accept the offer shall be void if the applicant fails to secure a principal habitation permit within the fourteen days as prescribed herein, and the principal habitation permit shall then be offered to the next senior applicant in accordance with these rules.(4) The department may extend the deadline for acceptance prescribed in paragraph (2) if the applicant presents evidence to the department that the granting of additional time for compliance is reasonable and essential to prevent undue hardship, provided that any extension of time for compliance shall not exceed a period of sixty days from the date the department received from the applicant a written notice of intention to accept the offer of a principal habitation permit.(5) Since time is of the essence, the offer delivered or mailed to an applicant pursuant to subsection (f) shall contain a statement that the offer will lapse unless accepted in accordance with the procedures of this section. [Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-4, 200-10) (Imp: HRS §§ 200-2, 200-4, 200-9, 200-10)