Banyan Drive Hawaii Redevelopment Rules and Practice and Procedure

Home

RULE 6. RULES APPLICABLE TO CONTESTED CASE HEARINGS PART 1 - GENERAL A contested case hearing shall he conducted in accordance with Chapter 91, Hawaii Revised Statutes whenever required by law. The Agency shall, upon receipt of a request for a contested case hearing, order the matter set for hearing. In any contested case hearing, opportunities shall be afforded all parties to present evidence and argument on all issues involved. Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may he made of any case by stipulation, agreed settlement, consent order or default; provided that waiver of any procedure includes procedural requirements of Section 91-11, Hawaii Revised Statutes. PART 2 - CONTESTED CASE PROCEDURE Parties to Contested Case a. Upon receipt of a written request to intervene, the Agency, at the first meeting on the matter, shall hold a hearing on the written request. If the movant can demonstrate that: (1) Their interest is clearly distinguishable from that of the general public; or (2) Government agencies whose jurisdiction includes the land involved in the subject request; or (3) They have some property interest in the land. or lawfully reside on the land; or (4) Even though they do not have an interest different than the public generally, that the proposed action will cause them actual or threatened injury in fact; or (5) Persons who are descendants of native Hawaiians who inhabited the Hawaiian islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural or religious purposes. then they shall be admitted as parties. The Agency will grant such written request prior to any further action on the matter. b. Appeal from Denial. Any movant who has been denied standing as a party may appeal such denial to the Circuit Court pursuant to Section 91-14, Hawaii Revised Statutes. 22