Rules of Practice and Procedure 04-25-13

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immediately affected by the Commission's decision that that person's interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as a party upon timely application for intervention. (3) Any other person may be admitted as a party upon a timely application,when the Commission finds there is just cause for intervention. (c) Contents of Petition. The petition shall include the following points: (1) The nature of petitioner's statutory or other right. (2) The nature and extent of petitioner's interest and if an abutting property owner,the Tax Map Key description of the property. (3) The effect of any decision in the proceeding or petitioner's interest. If applicable,the petition shall also include the following points: (4) The extent that petitioner's interest in the proceeding differs from that of the other parties. (5) The extent that petitioner's interest in the proceeding can assist in development of a complete record. (d) Opposition to Intervention. If any party opposes the petition for intervention,the party shall file written objections to the petition within seven days after being served. (e) Hearing. Each petition to intervene shall be heard prior to the Commission rendering a decision on the petition. (f) Appeal from Denial. Any person whose petition to intervene has been denied may appeal such denial to the circuit court pursuant to Section 91-14, Hawai'i Revised Statutes. PART 3. CONTESTED CASE PROCEDURE 3-1 Presiding Officer. (a) Person Presiding. In all hearings before the Commission,the chairperson of the Commission, or one of its members, or a hearing officer duly appointed and designated, shall preside at the hearing. (b) Powers. The presiding officer controls the course of hearings, administers oaths, receives and rules on questions of evidence,holds appropriate conferences before or during hearings,rules upon all objections or motions which do not involve a final determination of the proceeding, receives offers of proof, fixes the time for the filing of briefs, disposes of any other matter that normally and properly arises in the course of a hearing, and takes all other actions authorized by law that are deemed necessary for the orderly and just conduct of a hearing. 7-10