2026-5-15 Appellant's draft Memorandum in Opposition to Motions to Dismiss_v1.pdf

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To the extent that a request for continuance was made, Chair Lewis is denying a continuance of the PL-BOA 2025-000119 and PL-BOA-2025- 000121. The contested hearing date shall remain scheduled for this Friday, May 15, 2026. 32. BOA Rule 3-12, in relevant part, provides: 3-12 Motions. (a) Timing. Motions may be made before, during, or after a hearing. (b) Form and Contents. Any motion, other than one made during a hearing, shall be made in writing to the Board and shall state the relief sought and shall be accompanied by an affidavit or legal memorandum setting forth the grounds upon which the motion is based. (c) Service of Motions. The moving party shall serve a copy of all motion documents on all other parties and shall file them with the Board with proof of service. (d) Memorandum in Opposition. A memorandum in opposition or counter affidavit shall be served on all parties and the memorandum and proof of service shall be filed with the Board as required by the Scheduling Order or for matters with no Scheduling Order, within ten (10) days after being served with the motion. The presiding officer may order the memorandum in opposition to be filed at a time other than the ten (10) day period. (f) Ruling. All motions that involve a final determination of the proceeding shall be voted and ruled on by the Board. The presiding officer may rule on non-dispositive motions in accordance with Section 3-1(b) of these Rules. 33. The Chair has not made an Order reducing the time for Rohr to file her Memorandum in Opposition. 34. The Board of Appeals staff have not issued a reasonable Notice under HRS section 91-9(a) and (b) §91-9 Contested cases; notice; hearing; interactive conference technology; records. (a) Subject to section 91-8.5, in any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. (b) The notice shall include a statement of: (1) The date, time, place, and nature of hearing; 6