§264-7  Permits, fees, etc.  (a)  Anyperson or government agency desiring the permit required by section 264-6 shallapply for a permit on a form prescribed by the director of transportation.  Anypermit issued shall be conditioned upon the adherence of the applicant to therequirements of sections 264-8 and 264-9; provided that on awarding anycontract for the construction, reconstruction, maintenance or repair of anystate highway or federal-aid highway project, the director of transportation orthe director's authorized representative shall ascertain whether the work to bedone by the terms of that contract will require the contractor, thecontractor's employees, or the contractor's agents to engage in any of theactivities enumerated in section 264-6(1) and (2) and, if one or more suchactivities is likely to be required, shall issue the permit required by section264-6, waiving the fee requirements imposed by subsection (b) of this section.

(b)  The director, subject to chapter 91, shallestablish a fee schedule for the issuance of the permit.  The fee scheduleestablished shall be calculated to provide revenues sufficient to defray anyexpenses the department of transportation may incur in connection with thepermit under sections 264-6 to 264-12.  An applicant for a permit shall pay theapplicable fee, provided that the director may waive the fee payable when thedirector determines that the work to be done will either improve the highway orotherwise be of benefit to the State; and provided further that no fee shall berequired where the only work to be done is the setting of poles and guys tocarry 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]