Hawaii Revised Statutes 174c-59 Transfer of Permit.

Case Notes

A water management area designation may not be challenged in an original action pursuant to §91-7. 83 H. 484, 927 P.2d 1367.

§174C-59 Transfer of permit. A permit may be transferred, in whole or in part, from the permittee to another, if:

(1) The conditions of use of the permit, including, but not limited to, place, quantity, and purpose of the use, remain the same; and

(2) The commission is informed of the transfer within ninety days.

Failure to inform the commission of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer which involves a change in any condition of the permit, including a change in use covered in section 174C-57, is also invalid and constitutes a ground for revocation. [L 1987, c 45, pt of §2; am L 1999, c 197, §9]

Case Notes

Where conditions of the permit remained unchanged upon transfer and the parties notified the commission of the transfer, the parties complied with the plain language of this section and, thus, the transfer was valid. 105 H. 1, 93 P.3d 643.

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Last modified: October 27, 2016