2024-10-28 DPW Response to Appellants Subpoenas

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D. CONCLUSION Contested case hearings provide appellants with procedural due process, which consists of"notice and an opportunity to be heard at a meaningful time and in a meaningful manner." Mauna Kea Anaina Hou, 136 Haw. at 389, 363 P.3d at 237 (citation omitted). Appellant will have an opportunity to present evidence and argument at the hearing on November 15, 2024. Contested cases are not circuit court or federal court cases, where the parties engage is substantial discovery, motions, and lengthy trials. In this case, Appellant is appealing a decision issued on January 13, 2023, which denied their requests for exemptions under FIRS § 46-88; therefore, all evidence put before the BOA should be relevant and material as to whether Public Works' denial violated a certain law or was clearly erroneous, arbitrary, capricious, an abuse of discretion, or a clearly unwarranted exercise of discretion. Based on the above, Public Works requests that the subpoena for documents be denied in full and that the subpoena request for witness testimony be denied as it pertains to Julann Sonomura, Chris Domino, Kehau Dumuguin, and Joel Fitzgerald. Dated: Hilo, Hawai`i, October 28, 2024 STEPHEN M. PAUSE, P.E. Director, Department of Public Works, County of Hawai`i, Appellee By: /s/ Sinclair Salas-Ferguson SINCLAIR SALAS-FERGUSON Deputy Corporation Counsel Attorney for Public Works 10