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

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Processing, then that would be relevant to showing that DPW's treatment of I`o Processing was arbitrary. On the other hand, if DPW treated all applicants consistently and according to uniform standards, then that would tend to show that their denial of I`o Processing's exemption request was reasonable and objective. DPW's decision on contemporaneous exemptions will provide the context that I`o Processing and the Board need to understand the legitimacy of DPW's decision. Third, DPW's internal (non-privileged) emails are relevant to whether its approval process was "characterized by or guided by unpredictable or impulsive" standards of review. See Black's Law Dictionary (12th ed. 2024). I`o Processing believes that DPW made shifting, inconsistent decisions -- from verbal assurances that an exemption would apply in February 2022, to an outright denial in January 2023, to at least six different sets of criterion for an agricultural exemption between February 2023 and July 2024. Put simply, DPW created a moving target that no applicant for an agricultural exemption, including I`o Processing, could realistically plan for or meet. If that allegation is borne out by evidence, then the Board would be empowered to conclude that DPW's pre-approval process relied on"unclear" and incalculable standards and was therefore arbitrary and capricious. See Connections New Century Pub. Charter Sch., 146 Haw. at 156, 456 P.3d at 1003. DPW's internal (non-privileged) emails will provide valuable information on its decision-making process, which will show whether it had a rational basis for its decisions. To have a fair opportunity to challenge DPW's denial in the hearing before the Board, I`o Processing needs access to basic documents and communications in DPW's possession concerning the denial. The information sought is narrowly-tailored and reasonable, as DPW's counsel recognized during the pre-hearing conference. It is much narrower than information that would typically be requested and exchanged by parties in discovery in a civil action in court. 13 4871-5206-8494.1.071717-00001