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Statutes § 91-11 provides that a board"shall personally consider the whole record or such <br /> portions thereof as may be cited by the parties," and must"hear and examine all of the <br /> evidence." The power to issue subpoenas for the production of documents is important both to <br /> afford parties the rights recognized in Mauna Kea and to ensure that the Board considers all <br /> evidence. <br /> Board of Appeals Rules of Practice and Procedures Rule 3-9(b)provides: "Any request <br /> for the issuance of a subpoena for the production of documents or records shall be in writing; <br /> shall specify the particular document or record, or part thereof, desired to be produced; and shall <br /> state why the production thereof is believed to be material and relevant to the issues involved." <br /> IV. ANALYSIS. <br /> I`o Processing respectfully requests that the Board issue a subpoena ordering DPW to <br /> produce the following documents: <br /> • Copies of all documents, communications, and files relating or referring to I`o <br /> Processing, I`o Processing's submissions to DPW in 2022, or DPW's denial of I`o <br /> Processing's request for an agricultural exemption under HRS §46-88, including, <br /> without limitation, emails (internal and external) authored by Kelly Wilson, Joel <br /> Fitzgerald, Kehau Dumaguin, Pomai Pokipala, Julann Sonomura, and any other <br /> DPW employee 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 all decisions on agricultural exemptions under HRS §46-88 issued by <br /> DPW (both approvals and denials) from January 2022 through present. <br /> 10 <br /> 4871-5206-8494.1.071717-00001 <br />