2024-09-25 Appellant's Request for Subpoena Duces Tecum, Exhibit 1-2

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• All emails relating or referring to Nichole Kanda, including any authored by Kelly Wilson, Joel Fitzgerald, Kehau Dumaguin, Pomai Pokipala, Julann Sonomura, and any other DPW employee involved with the file. The first request seeks DPW's complete file relating to the handling of I`o Processing's agricultural exemption application and denial of the same. Board of Appeals Rules of Practice and Procedures Rule 3-13(h), titled Record on Appeal,provides: "In all appeals of Director decisions before the Board, the entire record or file from the Director shall be submitted to the Board and other parties." By its plain language, Rule 3-13 requires DPW to submit its "entire record or file" as the record on appeal. DPW indisputably has not submitted its "entire record or file" on I`o Processing's application for an agricultural exemption. DPW has submitted only three documents: (1) I`o Processing's Declarations of Compliance for an agricultural exemption under HRS § 46-88; (2) an email chain where the latest email is dated January 13, 2023; and (3) an email chain where the latest email is dated February 10, 2023. Therefore, I`o Processing requests issuance of a subpoena for the remainder of DPW's file, including"documents, communications, or files" generated by DPW in connection with their handling of I`o Processing's application for an agricultural exemption The second, third, and fourth requests seek evidence that I`o Processing needs to prove that DPW's denial was "arbitrary and capricious." "Arbitrary" is defined as "depending on individual discretion; of, relating to, or involving a determination made without consideration of or regard for facts, circumstances, fixed rules, or procedures." See Black's Law Dictionary (12th ed. 2024). "Capricious" is defined as "characterized by or guided by unpredictable or impulsive behavior" and"contrary to the evidence or established rules of law." Id. Relevant here, an administrative agency's decision is arbitrary or capricious where the standard applied by the 11 4871-5206-8494.1.071717-00001