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PLANNING COMMISSION COUNTY OF HAWAII RULES OF PRACTICE AND PROCEDURE RULE 4. CONTESTED CASE PROCEDURE PART 1. General Provisions. 4-1 Purpose This rule governs contested case procedure before the Commission whenever it is required by law; provided that any procedure in a contested case may be modified or waived by stipulation of the parties, and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. This procedure shall be used in all cases where the action of the Commission is the final action of a County official or agency, prior to the opportunity for appeal to Circuit Court, whenever it is required. It shall therefore be followed in all cases where State statutes provide for direct appeal from the Commission to Circuit Court. 4-2 Definitions As used in this rule, except as otherwise required by context: (1) "Agency" means any agency, board, commission, department, or officer of the county or state government. (2) "Applicant" means any agency or person who applies to the Commission for a permit upon which the Commission has jurisdiction to take final action. (3) "Chairperson" means the chairperson of the Planning Commission of the County of Hawaii. (4) "Commission" means the Planning Commission of the County of Hawaii or the Commission's duly authorized representative. (5) "Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing. (6) "Party" means any person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party in a proceeding. (7)"Person" means any individual, partnership, firm, association, trust, estate, corporation, or other legal entity of any character other than an agency. 4-1