§264-7  Permits, fees, etc.  (a)  Any
person or government agency desiring the permit required by section 264-6 shall
apply for a permit on a form prescribed by the director of transportation.  Any
permit issued shall be conditioned upon the adherence of the applicant to the
requirements of sections 264-8 and 264-9; provided that on awarding any
contract for the construction, reconstruction, maintenance or repair of any
state highway or federal-aid highway project, the director of transportation or
the director's authorized representative shall ascertain whether the work to be
done by the terms of that contract will require the contractor, the
contractor's employees, or the contractor's agents to engage in any of the
activities enumerated in section 264-6(1) and (2) and, if one or more such
activities is likely to be required, shall issue the permit required by section
264-6, waiving the fee requirements imposed by subsection (b) of this section.



(b)  The director, subject to chapter 91, shall
establish a fee schedule for the issuance of the permit.  The fee schedule
established shall be calculated to provide revenues sufficient to defray any
expenses the department of transportation may incur in connection with the
permit under sections 264-6 to 264-12.  An applicant for a permit shall pay the
applicable fee, provided that the director may waive the fee payable when the
director determines that the work to be done will either improve the highway or
otherwise be of benefit to the State; and provided further that no fee shall be
required where the only work to be done is the setting of poles and guys to
carry overhead wires. [L 1967, c 163, pt of §2; HRS §264-7; am L 1971, c 15,
§1; am L 1980, c 146, §2; gen ch 1985]