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Accordingly, I`o Processing respectfully requests that the Board issue a subpoena duces <br /> tecum to DPW for the following three categories of documents/communications: <br /> • Documents and communications (including emails)relating or referring to I`o <br /> Processing, I`o Processing's applications, or the Denial, including, without <br /> limitation, emails (internal and external) authored by Kelly Wilson, Joel <br /> Fitzgerald, Kehau Dumaguin, Pomai Pokipala, and any other DPW employee <br /> involved with the file. <br /> • Copies of past and present policies,procedures, memorandums, guidelines, <br /> criterion, or other materials used by DPW to assess and apply agricultural <br /> exemptions under HRS § 46-88, including drafts. <br /> • Copies of decisions on agricultural exemptions under HRS § 46-88 issued by <br /> DPW (both approvals and denials) from January 2022 through present. <br /> The form of the requested subpoena duces tecum is attached hereto as Exhibit"2." This <br /> request is based on Board of Appeals Rule 3-9(b) and on the records and files in this appeal. We <br /> sincerely appreciate your review and assistance in this matter. <br /> DATED: Hilo, Hawai`i, November 7, 2023. <br /> /s/Ian R. Wesley-Smith <br /> STEVEN S.C. LIM <br /> PATRICK K. WONG <br /> IAN R. WESLEY-SMITH <br /> Attorneys for Appellant <br /> 110 PROCESSING COMPANY INC. <br /> 3 <br /> 4871-5206-8494.1.071717-00001 <br />