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2009 Planning Commission Rules
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2009 Planning Commission Rules
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11/30/2011 4:38:55 PM
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the course of a hearing, and takes all other actions authorized by law that are <br />deemed necessary for the orderly and just conduct of a hearing. <br />(c) Continuance. The presiding officer may postpone or continue any hearing to <br />ensure the orderly and just conduct of a hearing. <br />4-5Notice of Contested Case Hearing <br />(a) Unless otherwise provided by law, the notice of hearing will be served on all <br />parties and persons on the mailing list for this purpose at their last recorded <br />addresses within a reasonable time after the hearing date has been set. The notice <br />shall include a statement of: <br />(1) The date, time, place, and nature of hearing; <br />(2) The legal authority under which the hearing is to be held; <br />(3) The particular sections of the statutes and rules involved; <br />(4) An explicit statement of the issues involved and the facts alleged by the <br />agency in support thereof; provided, that if the agency is unable to state <br />such issues and facts in detail at the time the notice is served, the initial <br />notice may be limited to a statement of the issues involved, and thereafter <br />upon application a bill of particulars shall be furnished; and <br />(5) The fact that any party may retain counsel if so desired. <br />(6) The fact that any interested person may move to intervene and be admitted <br />as a party. <br />(b) The notice of the date, time, place, and nature of the hearing shall also be <br />published twice in two newspapers of general circulation in the County. Within <br />ten days after the application has been filed, a notice shall appear in two County <br />newspapers of general circulation and a second notice, not less than ten days prior <br />to the hearing, shall appear in two County newspapers of general circulation and <br />shall also be filed at least six calendar days prior to the hearing with the Office of <br />the County Clerk. <br />(c) The applicant shall serve notice to surrounding property owners and lessees of <br />record pursuant to Section 25-2-4 of Chapter 25, Hawai‘i County Code. Such <br />notice shall also include a form developed by the Planning Department that <br />outlines the contested case procedure and who qualifies. In addition, the notice <br />shall state that you have a right to file a written request for a contested case <br />procedure. <br />4-2 <br /> <br />
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