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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** <br /> (a) In all proceedings where the Commission' s action is <br /> directly appealable to Third Circuit Court, the applicant <br /> and the Planning Director will be designated parties to the <br /> action. Any other person seeking to intervene as a party <br /> shall file a written request on a form approved by the <br /> Planning Director and accompanied by a filing fee of $200 <br /> no later than seven calendar days, prior to the <br /> Commission' s first meeting on the matter. If the applicant <br /> files a request with the Commission for the deferral or <br /> continuance of the hearing prior to the commencement of the <br /> hearing, the next regularly scheduled meeting of the <br /> Commission will then be considered the subsequent <br /> rescheduled hearing date. If the request for intervention <br /> is withdrawn in writing before the commencement of the <br /> hearing, the filing fee shall be refunded to the person <br /> seeking standing to intervene. <br /> (b) Upon receipt of a written request to intervene, the <br /> Commission, at the first meeting on the matter, shall hold <br /> a hearing on the written request. The petitioner shall be <br /> admitted as a party if it can demonstrate that: <br /> (1) His or her interest is clearly distinguishable <br /> from that of the general public; or <br /> (2) Government agencies whose jurisdiction includes <br /> the land involved in the subject request; or <br /> (3) That they have some property interest in the <br /> land or lawfully reside on the land; or <br /> (4) That even though they do not have an interest <br /> different than the public generally, that the <br /> proposed action will cause them actual or threatened <br /> injury in fact; or <br /> (5) Persons who are descendants of native Hawaiians <br /> who inhabited the Hawaiian Islands prior to 1778, who <br /> practice those rights which are customarily and <br /> traditionally exercised for subsistence, cultural or <br /> religious purposes. <br /> The Commission will grant or deny such written request <br /> prior to any further action on the matter. <br /> (c) Appeal from Denial. Any petitioner who has been <br /> denied standing as a party may appeal such denial to the <br /> Third Circuit Court pursuant to Section 91-14, Hawaii <br /> Revised Statutes. <br /> (d) After establishing the parties to the proceeding, the <br /> Commission may either proceed with the hearing, or continue <br /> the matter to a more appropriate time and date. <br /> LPC Rule 4-6 . <br /> 10 <br />