2024-10-28 DPW Response to Appellants Subpoenas

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When the Court said that"[a] contested case hearing affords parties extensive procedural protections similar to those afforded parties in a civil bench trial before a judge," it was referring to the Board of Land and Natural Resources' ["BLNR"] rules related to contested case hearings. Id., ("These protections include the opportunity to issue subpoenas for witnesses to testify under oath or produce documents, to cross-examine witnesses under oath, and to present evidence by submitting documents and testimony under oath in support of their positions. See HAR §§ 13-1- 32(c), (g); 13-1-33(a), (b); 13-1-35"). The Court was not saying that the HRCP should apply to contested cases. The Court was describing the BLNR's contested case rules, including the following, which mimic the BOA's rules: HAR § 13-1-32(c) states that the presiding officer has the power to "compel attendance of witnesses and the production of documentary evidence . . ." HAR § 13-1-32(g) states that each party "shall have the right to conduct such cross-examinations of witnesses as may be required to a full and true disclosure of the relevant facts and shall have the right to submit rebuttal evidence . . ." HAR §13-1-33(a) states that parties can request subpoenas for witnesses or documents; however, the requestor must specify why the testimony is "material and relevant to the issues involved" and why the "particular document or record, or part thereof' is "material and relevant to the issues involved." IL FIRS § 46-88 Agricultural buildings and structures; exemptions from building and building code requirements. In 2012, HRS § 46-88 was enacted and the purpose was: SECTION 1. The legislature finds that existing building codes and permitting processes are overly burdensome to the State's commercial agriculture and aquaculture industries and add substantial time and costs to establishing or expanding farming and ranching enterprises in the State. The purpose of this Act is to encourage and support diversified agriculture and agricultural self-sufficiency in the State by providing an exemption from building 6