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4-6Prehearing Procedure <br />(a) In all proceedings where the Commission's action is directly appealable to Circuit <br />Court, the applicant and the Planning Director will be designated parties to the <br />action. Any other person seeking to intervene as a party shall file a written <br />request on a form approved by the Planning Director and accompanied by a filing <br />fee of two hundred dollars no later than seven calendar days, prior to the <br />Commission's first meeting on the matter. If the applicant files a request with the <br />Commission for the deferral or continuance of the hearing prior to the <br />commencement of the hearing, the next regularly scheduled meeting of the <br />Commission will then be considered the subsequent rescheduled hearing date. If <br />the request for intervention is withdrawn in writing before the commencement of <br />the hearing, the filing fee shall be refunded to the person seeking standing to <br />intervene. <br />(b) Upon receipt of a written request to intervene, the Commission, at the first <br />meeting on the matter, shall hold a hearing on the written request. The petitioner <br />shall be admitted as a party if it can demonstrate that: <br />1) His or her interest is clearly distinguishable from that of the general <br />public; or <br />2) Government agencies whose jurisdiction includes the land involved in the <br />subject request; or <br />3) That they have some property interest in the land or lawfully reside on the <br />land; or <br />4) That even though they do not have an interest different than the public <br />generally, that the proposed action will cause them actual or threatened <br />injury in fact; or <br />5) Persons who are descendants of native Hawaiians who inhabited the <br />Hawaiian islands prior to 1778, who practiced those rights which were <br />customarily and traditionally exercised for subsistence, cultural or <br />religious purposes. <br />The Commission will grant or deny such written request prior to any further <br />action on the matter. <br />(c) Appeal from Denial. Any petitioner who has been denied standing as a party may <br />appeal such denial to the Circuit Court pursuant to Section 91-14, Hawai‘i <br />Revised Statutes. <br />(d) After establishing the parties to the proceeding, the Commission may either <br />proceed with the hearing, or continue the matter to a more appropriate time and <br />date. <br />4-3 <br /> <br />