Rules of Practice and Procedure 04-25-13

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The appellant and the following shall be parties to an appeal proceeding: (1) The Director in an appeal from the Director's decision. (2) All owners of the affected property, as reflected in County Real Property Tax Division records,in all appeals of decisions made under the Refuse and Sewer chapters of the Code,if the owners are not the appellants. 7-9 Hearing. (a) Time Limit for Hearing. Upon proper filing of a petition for appeal,the Commission shall, within not more than ninety days, conduct a hearing on the appeal. (b) Conduct of Hearing. The Commission shall hold a full hearing on the appeal in accordance with Chapter 91, Hawai'i Revised Statutes, and except as otherwise provided in this part,the procedure for hearing an appeal shall be governed by Parts 3 and 4 of these rules. (c) Notice of Hearing. The procedures for providing notice of the hearing are as outlined in Section 3-2, Part 3 of these rules. (d) Notice to Surrounding Property Owners. Promptly after the Commission's fixing a date for the hearing but not less than twenty days prior to the hearing, if applicable, the applicant/appellant shall mail a notice of the hearing to all property owners within three hundred feet of the affected property. Prior to the date of the hearing, the applicant/appellant shall file with the Commission proof of service or of good faith efforts to serve notice of the hearing on the designated property owners. Such proof may consist of certified mail receipts, affidavits,or the like. (e) View of the Property. Where applicable,the Commission may, on its own motion or on motion of any party,view the land or building involved in the appeal as a portion of the hearing. (f) Impartial Expert. The Commission may retain or secure an impartial expert to investigate an appeal and to testify at the hearing regarding the appeal. 7-10 Withdrawal of Appeal. A petition for an appeal may be withdrawn voluntarily by the appellant at any time prior to the Commission rendering a decision on the appeal; provided,that once an appeal is withdrawn,the appeal shall not be refiled with the Commission. 7-11 Proposed Findings of Fact. Each party to an appeal proceeding shall,within thirty days after the close of the hearing, submit a proposed decision and order and findings of fact to the Commission,unless specifically waived by the Commission or the presiding officer. The proposed decision and order and fmdings of fact shall also be served on each party to the proceeding, and each party shall have fifteen days from the date of service thereof to submit written comments or objections to the Commission. 7-23