HomeMy WebLinkAboutBanyan Drive Hawaii Redevelopment Rules and Practice and ProcedureBANYAN DRIVE HAWAII REDEVELOPMENT AGENCY
COUNTY OF HAWAII
RULES AND PRACTICE AND PROCEDURE
(2016)
TABLE OF CONTENTS
PART I - Rules of Practice and Procedure
Rule 1. Rules of General Applicability
1. 1 Authority
1. 2 Construction of Rules
1. 3 Procedure and Terms
1. 4 Definitions
1.5 The Agency
1. 6 Delegation of Administrative Duties
1. 7 Government Records
Rule 2. Powers and Duties of the Agency
2.1 Authority
2.2 Administration
Rule 3. Proceedings Before the Agency
3.1 General
3.2 Appearances and Practices before the Agency
3.3 Disqualification of Agency Member or Hearing Officer
3.4 Consolidation
3.5 Filing of .Documents
3.6 Amendment of Documents and Dismissal
3.7 Retention of Documents
3.8 Computation of Time
3.9 Continuances or Extensions of Time
3.10 Service of Process
3.1 1 Agency Decision
Rule 4. Rules .Applicable to .Rulemaking Procedures
4.1 Initiation of Rulemaking Proceedings
4.2 Notice of Public Hearing
4.3 Conduct of Hearing
4.4 Agency Action
4.5 Emergency Rulemaking
4.6 Filing of Rules
4.7 Taking .Effect of Rules
4.8 Publication of Rules
Rule 5. Rules Applicable to Declaratory Rulings
5.1 Petitions for Declaratory Rulings
5.2 Request for Hearing
5.3 Applicability of Order
5.4 Declaratory Ruling on Agency's Own otion
5.5 Refusal to Issue Declaratory Order
Rule 6. Rules Applicable to Contested Case Hearings
Part 1 - General
Part 2 - Contested Case Procedure
6.1 Parties to Contested Case
6.2 Presiding Officer
6.3 Notice of Hearing
6.4 Prehearing Conference
6.5 Limiting Testimony
6.6 Removal. from Proceeding
6.7 Order of Procedure
6.8 Co -Counsel
6.9 Cross -Examination
6.10 Requests tbr Subpoenas
6.11 Consolidation
6.12 Substitution of Parties
6.13 Motions
6.14 Evidence
6.15 .Briefs/Memoranda
6.16 Oral Arguments
6.17 Close of Hearing
6.18 Examination of Evidence by the Agency
6.19 Time Limit for Agency's Decision
6.20 Issuance of Decisions and Orders
6.21 Service of Decisions and Orders
6.22 Reconsideration of .Decision and Order
6.23 Appeal from the Agency's Decision
Part 3 - Post Hearing Procedure for Hearings Conducted by Hearing Officer
6.24 Recommendations of Hearing Officer
6.25 Exceptions to Hearing Officer's Report and Recommendations
6.26 Support of Hearing Officer's Report and Recommendations
6.27 Oral Argument before the Agency
6.28 Agency Action
6.29 Severability
BANYAN DRIVE HAWAI'l REDEVELOPMENT AGENCY
COUNTY OF HAWAII
RULES PRACTICE AND PROCEDURE
PART 1
RULES OF PRACTICE AND PROCEDURE
RULE I. RULES OF GENERAL APPLICABILITY
1.1 Authority
These rules govern practice and procedure before the Banyan Drive Hawaii
Redevelopment Agency of the County ofHawaii under Chapter 53, 91, 92 and 92F,
Hawaii Revised Statutes and Article XIII, Hawaii County Charter.
1.2 Construction of Rules
The rules shall be liberally construed to secure the just, speedy, and inexpensive
determination of every proceeding.
1.3 Procedure and Terms
a. Statutory Terms. The terms used in rules promulgated by the Agency pursuant to
powers granted by statute shall have the meaning defined by such statute, unless
the context otherwise specifically requires.
b. Ten -ns Defined by Rule. A rule or regulation that defines a term without express
reference to the statute or to these rules or to a portion thereof, defines such terms
for all purposes as used both in the statute and in these rules, unless the context
otherwise specifically requires.
c. Use of Number .importing the singular number may extend and be applied to
several persons or things; words importing the plural may include the singular.
1.4 Definitions
a. Agency. The term "Agency" means the Banyan Drive Hawaii Redevelopment
Agency.
b. Chairperson. The term "Chairperson" means the Chairperson of the Banyan Drive
Hawal.`i Redevelopment Agency.
c. Contested Case. The Term "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.
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d. Day. The tern "Day" means a calendar day.
e. Hearing. The tem "Hearing" means any proceeding governed by the Banyan
Drive Hawai'i Redevelopment Agency.
g.
Manager. The term "Manager" means the Manager of the Banyan. Drive Hawaii
Redevelopment Agency.
Meeting. The term "Meeting" means the convening of the Agency for which a
quorum is required in order to make a decision or to deliberate toward a decision
upon a matter over which the Agency has supervision, control, jurisdiction or
advisory power.
h. Party. The term "Party" means each 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.
Person. The term "Person" includes individuals, partnerships, corporations,
associations or public or private organizations of any character other than
governmental agencies.
Presiding Officer. The term "Presiding Officer," with respect to proceedings,
means the Chairperson, and includes any member of the Agency designated as
such, or such other persons authorized by law to conduct proceedings on matters
within the jurisdiction of the Agency fbr purpose of taking testimony and to report
the findings and Recommendations to the Agency.
k. Proceedings. The term "Proceedings" means the Agency's elucidation of the
relevant facts and applicable law, consideration thereof, and action thereupon with
respect to a particular subject within the Agency's jurisdiction, initiated by a
filing or submittal or request or an Agency's notice or order. It shall include
proceedings involving the adoption, amendment or repeal of any rule or
regulation of the Agency, whether initiated by Agency order or notice, or by
petition of an interested person.
1.5 The Agency
a. Office. The office of the Agency is at Hilo, Hawai'i. All communications to the
Agency shall be addressed to the Banyan Drive Hawaii Redevelopment Agency,
County of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720, unless otherwise
specifically directed.
b. Hours. The office of the Agency will be open from. 7:45 a.m. to 4:30 p.m. of each
workday unless otherwise provided by statute or executive order.
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c. Meetings. The Agency may meet and exercise its powers in any part of the
County of Hawai'i.
(1) Regular Meetings. All meetings of the Agency, except executive sessions,
shall be open to the public and held on the last Wednesday of each month
at 2:00 pm at the Aupuni Center Conference Room located at 101 Pauahi
Street, Suite 1, Hilo, Hawaii, 96720, or other date, .time or public place as
set forth by the Agency.
(2) Executive Sessions. The Agency may hold an executive session, closed to
the public, upon an affirmative vote, taken at an open meeting, of two
thirds of the members present. The vote of each member on the question
of holding a meeting closed to the public and the reason for holding such a
meeting shall be recorded and entered into the minutes of the meeting. A
meeting closed to the public may be held only for one or more ofthe
following purposes:
(3)
(a) To consider the hire, evaluation, dismissal or discipline of an
officer or employee or charges brought against him, where
consideration of matters affecting privacy will be involved;
provided, that if the individual concerned requests an open
meeting, an open meeting shall be held;
(11) To consult with the Agency's attorn.ey,
(c) For any other specific purposes hereafter authorized by law..
Chance Meetings. The rules governing meetings shall not apply to any
chance meeting, as defined by Section 92-2, Hawaii Revised Statutes, at
which matters relating to official business are not discussed. No chance
meeting or electronic communication shall be used to circumvent the spirit
or requirements of the meetings provisions to make a decision or to
deliberate toward a decision upon a matter over which the Agency has
supervision, control, jurisdiction or advisory power.
(4) Notice
(a) The Agency shall give written public notice of any regular, special
or rescheduled meeting. The notice shall include an agenda which
lists all of the items to be considered at the forthcoming meeting,
the date, time and place of the meeting.
(b) The Agency shall file the notice in the Office of the County Clerk
and in the Agency's office for public inspection at least six (6)
days before the meeting. The notice shall also be posted at the site
of the meeting whenever feasible. The Agency shall not add items
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(5)
to the agenda, once filed, without a two-thirds recorded vote of all
members to which the Agency is entitled; provided that no item
shall be added to the agenda in the manner provided herein, if it is
of reasonably major importance and action thereon by the Agency
will affect a significant number of persons.
(c) The Agency shall maintain a list of names and addresses of
persons who request notification of meetings and shall mail a copy
of the notice to such persons at their last recorded address no later
than the time the agenda is filed under subsection (b).
Special Meetings. Special meetings of the Agency for the transaction of its
business may be held at any time and place as scheduled by the Agency
and authorized by law.
(6) Emergency Meetings. If the Agency finds that an imminent peril to the
public health, safety or welfare requires a meeting in less time than is
provided .for in Rule 1.5c(4), the Agency may hold an emergency meeting,
provided:
(7)
(8)
(a) the Agency states in writing the reasons for its findings;
(h) two-thirds of all members to which the Agency is entitled agree
that an emergency exists;
(c) an emergency agenda and the findings are filed with the Office of
the County Clerk and in the Agency's office; and
(d) persons requesting notification pursuant to Rule 1.5c(4) are
contacted by mail or telephone as soon as practicable; and
(e) meets requirements of Section 13-20(c), Hawaii County Code.
Construction. The provisions requiring open meetings shall be liberally
construed and the provisions providing for exceptions to open meeting
requirements shall be strictly construed against closed meetings.
Public Testimony. In order to provide for equal opportunity to individuals
who wish to provide oral testimony to the Agency, the chairperson may
limit the time allotted for oral testimony for each individual or on any
particular issue. Individuals providing oral testimony are limited to only
one three (3) -minute allotment per each agenda item unless otherwise
specified by the chairperson. [fan individual wishes to assign their
allotted time to someone else, then that individual must personally
announce this intention to the Agency and if granted by the chairperson,
the person to whom the allotted time was ceded must speak to the same
topic.
d. Quorum and Number of Votes Necessary to Validate Acts. A majority of all
members to which the Agency is entitled shall constitute a quorum to transact
business, and the concurrence of a majority of all members to which the Agency
is entitled shall be necessary to make valid any action of the Agency.
e. Minutes. The agency shall keep written minutes of all meetings. Unless otherwise
required by law, neither a full transcript nor a recording of the meeting is
required, but the written minutes shall give a true reflection of the matters
discussed and the views ofthe participants. The minutes shall include, but need
not be limited to:
(1) The date, time and place of the meeting;
(2) The members of the Agency recorded as either present or absent;
(3)
The substance of all 'natters proposed, discussed or decided; and a record,
by individual member, of any votes taken; and
(4) Any other information that any member of the Agency requests be
included or reflected in the minutes.
The minutes shall be public records and shall be available within thirty (30) days
after the meeting except where such disclosure would be inconsistent with Section
92-5, Hawaii Revised Statutes, or Section 13-20, flawai'i County Charter;
provided that minutes of executive meetings may be withheld so long as their
publication would defeat the lawful purpose of the executive meeting, but no
longer.
Administration
(1) Manager. The Manager, appointed by the Agency, shall be responsible for
the administration functions of the Agency, subject to the direction and
approval of the Agency.
(2) Authentication of Agency Action. All decisions, orders and other actions
of the Agency shall be authenticated or signed by the Chairperson, or upon
delegation by the Chairperson by any other member of the Agency.
Official copies of decisions, orders and other Agency actions may be
promulgated under the signature of the Chairperson ofthe Agency or his
delegate.
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Submittals and Requests. All documents required to be filed with the Agency
shall be filed in the office of the Agency within such time limits as prescribed by
laws, rules of the Agency or orders of the Agency. Requests for public
information, copies of official documents or opportunity to inspect public records
may he made in writing to the Agency's office or in person at said office.
1.6 Delegation of Administrative Duties
a. General. The Agency may delegate to any competent and qualified individual
such power or authority vested in the Agency as it deems reasonable and proper
for the effective administration of the Banyan Drive Hawaii Redevelopment
Agency except the power to make, amend or repeal rules and regulations.
b. Hearing Officer. The Agency may, by written resolution adopted by a majority of
the members to which it is entitled, appoint a competent and qualified
disinterested person to act as its hearing officer. Upon the conclusion of the
hearing, the hearing officer shall transmit to the Agency a record of the hearing,
including a recording or transcript and a summary of evidence taken at said
hearing. After review of the testimony and evidence, a majority of the members to
which the Agency is entitled shall render a decision in accordance with Section
91-11, Hawai`i Revised Statutes.
1.7 Government Records
a. Files of the Agency. The term "Government Records" as used in this part is
defined as in Section 92F-3, Hawai`i Revised Statutes, and shall include all rules,
regulations, written statements of policy or interpretations formulated, adopted or
used by the Agency, all complaints, opinions and orders, written testimony,
minutes of meetings of the Agency and any other material. on file in the office of
the Agency unless accorded confidential treatment pursuant to law or the rules of
the Agency.
b. Inspection of Government Records. All govemm.ent records will be available for
inspection in the office of the Agency, Hilo, Hawaii, during established office
hours unless public inspection of such records is in violation of any State or
Federal law; provided that, except where such records are open under any rule of
court, the Corporation Counsel may determine which records may be withheld
from public inspection when such records pertain to the preparation of the
prosecution or defense of any action or proceeding to which the Agency, the State
or any governmental agency or subdivision is or may be a party, or when such
records do not relate to a matter in violation of law and are deemed necessary for
the protection of the character or reputation of any person.
c. Copies of Government Records. Government records printed or reproduced by the
Agency shall be given to any person requesting the same and paying the fees
established by the Agency or by law.
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d. Requests. Requests for public information. for permission to inspect government
records or for copies of government records shall be handled expeditiously.
e. Denial of Inspection. Any person denied the right to public information, to .inspect
government records or to copies of government records may file an appeal with
the State of Iiawai 1, Office of Information .Practices.
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RULE 2. POWERS AND DUTIES OF THE AGENCY
2.1 Authority
The agency shall be entitled to those powers and duties identified within Chapter 53,
Hawai`i Revised Statutes, as amended, relating to Urban Renewal.
2.2 Administration
Pursuant to the authority granted through Section 2-35.1 of the Hawaii County Code, the
planning department shall be the lead agency for transitional purposes until the Banyan
Drive Hawai`i Redevelopment Agency is organized and able to perform the duties
required under Chapter 53, Hawai`i Revised Statutes.
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RULE 3. PROCEEDINGS BEFORE THE AGENCY
3.1 General.
The Agency may, on its own motion or upon the petition of any interested person or
agency of the Federal, State or County government, hold such proceedings as it may
deem necessary in the performance of its duties or the formulation of its rules and
regulations. Procedures to be followed by the Agency shall, unless specifically prescribed
in these Rules or by the Hawaii Administrative Procedure Act (Chapter 91, HRS) or by
any other statute, be such as in the opinion of the Agency will best serve the purpose of
such proceeding.
3.2 Appearances and Practices Before the Agency
a. Representation. In any proceeding under these rules, any party may be
represented by counsel or any other person to whom he has given written or
verbal authority.
b. Validation of Authority. When an individual acting in a representative capacity
appears in person or signs a paper in practice before the Agency, their personal
appearance or signature shall constitute a representation to the Agency that, under
the provisions of these rules and the law, they are authorized and qualified to
represent the particular person on whose behalf they act. The Agency may at any
time require any person transacting business with the Agency in a representative
capacity to show his authority and qualification to act in such capacity.
c. Bar to Appearance
(1) Former Agency Association. No individual who has been associated with
the Agency as a member, officer, employee or counsel shall be permitted
to appear before the Agency in behalf of or to represent in any manner any
party in connection with any proceeding or matter that such individual has
handled or passed upon while associated in any capacity with the Agency.
(2) Limitations of Assistance from Barred Persons. No person or agency
appearing before the Agency in any proceeding or matter shall, in relation
thereto, knowingly accept assistance from and compensate any individual
who would be barred by Rule 3.2(c).
(3)
Written Consent to Appear. No person who has been associated with the
Agency as a mem.ber, officer, employee or counsel thereof shall be
permitted to appear before the Agency in behalf of, or to represent in any
manner, any person or agency in connection with any proceeding or matter
that was pending before the Agency at the time of his association, unless
he shall first have obtained the written consent of the Agency, upon a
verified showing that he did not give personal consideration to the matter
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or proceeding as to which consent is sought or gain particular knowledge
of the facts thereof during his association with the Agency.
(4) One Year Limitation. This subsection shall not apply to any individual or
agency who has terminated his association with the Agency for a period of
one year or more.
3.3 Disqualification of Agency Member
earing Officer
Any party to a hearing may, up to five days before the proceeding, file an affidavit that
one or more of the members or a hearing officer has a personal bias or prejudice. The
member against whom the affidavit is so filed may answer the affidavit or may file a
disqualifying certificate with the Agency. If the member or hearing officer chooses to
answer the affidavit, the .remaining members shall decide by a majority of all the
members to which the Agency is entitled whether that member or hearing officer should
be disqualified from proceeding therein. Every such affidavit shall state the facts and
reasons for the belief that bias or prejudice exists and shall be filed at least five days
before the hearing, or good cause shall he shown for the failure to file it within such time.
Any Agency member or hearing officer may disqualify himself by filing with the
Chairperson a certificate that he deems himself unable for any reason to preside with
impartiality or without the appearance of impropriety in the pending hearing.
3.4 Consolidation
The Agency, upon its own initiative or upon motion, may consolidate for hearing or for
other purposes or may contemporaneously consider two or more proceedings that involve
substantially the same parties, or issues that are the same or closely related, if it finds that
such consolidation or contemporaneous hearing will be conducive to the proper dispatch
of its business and to the ends of justice and will not unduly delay the proceedings.
3.5 Filing otDocuments
a. Time and Place. All requests, appeals, pleadings, submittals, petitions, reports,
maps, exceptions, briefs, memoranda and other papers required to he filed with
the Agency in any proceeding shall be filed at the office of the Agency within the
time limits prescribed by law, the rules of the Agency or by order of the Agency.
The date on which the papers are received .if hand delivered, or postmarked if
delivered by mail, shall be regarded as the date of filing.
b. Fonn. All requests and appeals filed with the Agency shall be written in ink,
typewritten, mimeographed or printed; shall be plainly legible; and shall he on
strong, durable paper no larger than 8- 1/ 2" x 11" in size, except that maps,
charts, tables andather like documents may be larger, folded to the size of the
papers to which they are attached.
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c. Certification. All documents must be signed in ink by the party signing the same
or his duly authorized agent or attorney. The signature of the person signing the
document constitutes a certification that he had read the document; that to the best
of his knowledge, information and belief, every statement contained therein is
true and no such statement is misleading; and that it is not interposed for delay.
d. Copies. Unless otherwise specifically provided by a particular .rule, regulation or
order of the Agency, an original and five copies of all papers shall be filed.
c. Identification. All documents filed by any person or agency in any proceeding
shall state on the first page thereof the name, mailing address and telephone
number, if any, of the individual or individuals who may be served with any
documents filed in the proceeding.
3.6 Amendment of Documents and 'Dismissal
If any document filed in a proceeding is not in substantial conformity with the applicable
rules of the Agency as to contents thereof or is otherwise insufficient, the Agency may,
on its own motion or on motion of any party, strike such document or require its
amendment. If amended, th.e document shall be effective as of the date of receipt of the
amen.dm.ent.
3.7 Retention of Documents
All documents filed with or presented to the Agency shall be retained in the files of the
Agency. The Agency may permit the withdrawal of original documents upon submission
of properly authenticated copies to replace such documents.
3.8 Computation of Time
In computing any period of time prescribed or allowed by these rules, the day of the act,
event or default, after which the designated period of time is to run, is not to be included.
The last day of the period so computed is to be included unless it is a Saturday, Sunday or
legal holiday in the State ofHawaii, in which event the period runs until the next day
which is neither a Saturday, Sunday nor a holiday. Intermediate Saturdays, Sundays and
holidays shall not be included in a computation when the period of time prescribed or
allowed is ten (10) days or less. A half holiday shall be considered as other days and not
as a holiday.
3.9 Continuances or Extensions of Time
When a person or agency has a right or is required to take action within a period
prescribed or allowed by these .rules, the .Agency may, upon motion and the concurrence
of a majority of all the members to which the Agency is entitled, permit the act to be
done after expiration of the specified period if the Agency determines that there is good
cause for an extension of time or that the delinquency is clearly shown to have been the
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result of excusable neglect. This provision shall apply to such acts properly before the
Agency.
3.10 Service of Process
a. By Whom Served. The Agency shall cause to be served all orders, notices and
other papers issued by it, together with any other papers that it is required by law
to serve. All other papers shall be served by the parties filing them.
b. Upon Whom Served. All papers served by either the Agency or any party shall he
served upon all parties or their counsel. Any counsel entering an appearance
subsequent to the proceeding shall notify all other counsel then of record and all
parties not represented by counsel of such fact.
c. Service upon Parties. The final order, and any other paper required to be served
by the Agency upon a party, shall be served upon such party and a copy shall be
furnished to counsel of record.
d. Method of Service. Service of papers shall he made personally or, unless
otherwise provided by law, by first- class mail, to the last known address.
c. When Service Complete. Service upon parties, other than the Agency, shall be
regarded as complete by mail upon deposit in the United States mail, properly
stamped and properly addressed to the parties involved.
3.11 Agency Decision
All final orders, opinions or rulings entered by the Agency in the proceeding and rules
promulgated by the Agency shall he served upon the parties participating in the
proceeding by regular mail or personal delivery by the Agency. Copies of such material
shall be available for public inspection in the office of the Agency or may be obtained
upon request and all payment of reasonable fees, ifany.
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RULE 4. RULES APPLICABLE TO RULEMAKING PROCEDURES
4.1 Initiation of Rulemaking Proceedings
a. Motion by Agency. The Agency may, at any time on its own motion initiate
proceedings for the adoption, amendment or repeal of any rule of the Agency.
Procedures to be followed in rulemaking shall be as set forth herein and the
applicable statutes.
b. Petition by Person or Agency. Any interested person or agency may petition the
Agency for the adoption, amendment or repeal of any rule of the Agency.
Petitions for rulemaking filed with the Agency will become matters of public
record.
(1)
Form and Content. Petitions for rulernaking shall conform to the
requirements of Rule 3.5 and shall contain the name, address and
telephone number of each petitioner; the signature of each petitioner; a
draft or the substance of the proposed rule or amendment or a designation
of the provisions, the repeal of which is desired; a statement of the
petitioner's interest in the subject matter; and a statement of the reasons in
support of the proposed rule, amendment or repeal.
(2) Agency Action. The Agency shall, within thirty (30) days after the filing
of a petition for rulemaking, either deny the petition or initiate public
rulemaking proceedings.
(3)
Denial of Petition. Any petition that fails in material respect to comply
with the requirements herein or that fails to disclose sufficient reasons to
justify the institution of rulemaking proceedings will not be considered by
the Agency. The Agency shall notify the petitioner in writing of such
denial, stating the reasons therefor. Denial of a petition shall not operate to
prevent the Agency from acting, on its own motion, on any matter
disclosed in the petition. Petitioner may seek a review of said denial
through the circuit court pursuant to the Administrative Procedure Act and
applicable rules of court and statutes.
(4) Acceptance of Petition. Ifthe Agency determines that the petition is in
order and that it discloses sufficient reasons in support of the proposed
rulernaking to justify the institution of rulemaking proceedings, the
procedures to be followed shall be as set forth in Rules 4.3 through 4.8
herein and the applicable statutes.
4.2 Notice of Public Hearing
a. Publication and Mailing. When, pursuant to a petition therefor or upon its own
motion, the Agency proposes to adopt, amend or repeal a rule or regulation, a
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notice of proposed rulemaking shall be published at least once in a newspaper of
general circulation in the County and such notice shall also be mailed to all
persons or agencies who have made timely written requests .for advance notice of
the Agency's rulemaking proceedings. All such notices shall be published at least
thirty (30) days prior to the date set for the public hearing.
b. Form. A notice of the proposed adoption, amendment or repeal of a rule or
regulation shall include:
(1) A statement of the topic of the proposed rule adoption, amendment, or
repeal or a general description of th.e subjects involved; and
(2) A statement that a copy of the proposed rule to be adopted, the proposed
rule amendment, or the rule proposed to be repealed will be mailed to any
interested person who requests a copy, pays the required fees for the copy
and the postage, if any, together with a description of where and how the
requests may be made;
(3) A statement of when, where, and during what times the proposed rule to be
adopted, the proposed rule amendment, or the rule proposed to be .repealed
may be reviewed in person; and
(4) The date, time and place where the public hearing will be held and where
interested persons may be heard on the proposed rule adoption,
amendment, or repeal.
4.3 Conduct of Hearing
a. Presiding Officer. The public hearing for the adoption, amendment or repeal of
rules and regulations shall be heard before the Agency and presided over by the
Chairperson of the Agency or, in his absence, by another .member designated by
the Agency. The hearing shall be conducted in such a way as to afford to
interested persons and agencies a reasonable opportunity to offer testimony with
respect to the matters specified in the notice of hearing and so as to obtain a clear
and orderly record. The presiding officer shall have authority to administer oaths
or affirmations and to take all other actions necessary to the orderly conduct of the
hearing.
b. Continuance of Hearing. Each such hearing shall be held at the .time and place set
in the notice of hearing but may at such time and place be continued by the
presiding officer from day to day or to a later date or to a different place without
notice other than the announcement thereof at the hearing.
c. Order of Proceeding. At the commencement of the hearing, the presiding officer
shall read the notice of hearing and shall then outline briefly the procedure to be
followed. Testimony shall then be received with respect to the matters specified in
the notice of hearing in such order as the presiding officer shall prescribe.
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d. Submission of Testimony. Each witness shall before proceeding to testify, state
his name, address and whom. he represents at the hearing, and shall give such
information respecting his appearance as the presiding officer may request. The
presiding officer shall confine the .testimony to the matters for which the hearing
has been called but shall not apply the technical rules of evidence. Every witness
shall be subject to questioning by the members of the Agency or by any other
representative of the Agency.
e. Oral and Written Presentation. All interested persons or agencies will be afforded
an opportunity to submit data, views or arguments, orally or in writing, that are
relevant to the matters specified in the notice of hearing. The period for filing
written comments or recommendations may be extended beyond the hearing date
by the presiding officer for good cause. An original and five copies are requested
when submitting written cc.mlments, recommendations or replies.
Transcript of the Evidence. Unless otherwise specifically ordered by the Agency,
testimony given at the public hearing shall not be reported verbatim. All
supporting written statements, maps, charts, tabulations or similar data offered in
evidence at the hearing, and which are deemed by the presiding officer to be
authentic and relevant, shall be received in evidence and made a part of the
record. Unless the presiding officer finds that the furnishing of copies is
impracticable, six copies of the exhibits shall be submitted.
4.4 Agency Action
The Agency will consider all relevant comments and material of record before taking
.final action in a rulemaking proceeding. Final action shall be taken within ninety (90)
days after the final public hearing, or the expiration of any extension period fbr
submission of written comments or recommendations.
4,5 Emergency Rulemaking
Notwithstanding the foregoing rules, if the Agency finds that an imminent peril to public
health or safety requires adoption, amendment or repeal of a rule or regulation .upon less
than thirty (30) days' notice of hearing, and states in writing its reasons for such finding,
it may proceed without prior notice or hearing or upon such abbreviated notice and
hearing as it finds practicable to adopt an emergency rule or regulation. The Agency shall
make an emergency rule known to persons who will be affected by it by publication at
least once in a newspaper of general circulation in the county and in accordance with the
Hawaii County Charter.
4.6 Filing of Rules
The Agency, upon adopting, amending or repealing a rule and approval by the Mayor,
shall file certified copies thereofwith the County Clerk.
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4.7 Taking Effect of Rules
Each rule adopted, amended or repealed shall become effective ten (10) days after filing
with the County Clerk. If a later effective date is required by statute or specified in the
rule, the later date shall be the effective date; provided that no rule shall specify an
effective date in excess of thirty (30) days after the filing of the rule with the County
Clerk. An emergency rule shall become effective upon filing with the County Clerk for a
period not exceeding one -hundred twenty (120) days without renewal unless extended in
compliance with the provisions of subdivisions (1) and (2) of Section 91-3(a), Hawaii
Revised Statutes.
4.8 Publication of Rules
The Agency shall, as soon as practicable, compile, index and publish all rules adopted by
the Agency and .remaining in effect. Compilations shall be supplemented as often as
necessary and shall be revised at least once every ten (10) years.
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RULE 5. RULES APPLICABLE TO DECLARATORY RULINGS
5.1 Petitions for .Declaratory Rulings
On petition of an interested person or agency, the Agency may issue a declaratory order
as to the applicability of any statutory provision, ordinance or of any rule or regulation or
order of the Agency.
a. Foran and Contents. The petition shall conform to the .requirements of Rule 3.5
and shall contain the name, address and telephone number of each petitioner; the
signature of each petitioner; a designation ofthe specific provision, rule or order
in question, together with a statement of the controversy or uncertainty involved;
a statement of the petitioner's interest in the subject matter, including the reasons
for submission of the petition; a statement of the petitioner's position or
contention; and a memorandum of authorities, containing a full discussion of
reasons and legal authorities, in support of such position or contention.
b. Agency Action. Within sixty (60) days after the submission of a petition for
declaratory ruling, the Agency shall either deny the petition in writing, stating the
reasons for such denial or issue a declaratory order on the matters contained in the
petition, or set the matter for hearing, as provided in Rule 5.2; provided, however,
that if the matter is set for hearing, the Agency shall render its findings and
decisions within sixty (60) days after the close of the hearing.
c. Dismissal of Petition. The Agency may, without notice or hearing, dismiss a
petition for declaratory ruling that fails in material respect to comply with the
requirements of this part.
5.2 Request for Hearing
Although in the usual course of disposition of a petition for a declaratory ruling no 'formal
hearing will be granted to the petitioner or to a party in interest, the Agency may in its
discretion order such proceeding set down for hearing. Any petitioner or party in interest
who desires a hearing on a petition for a declaratory ruling shall set forth in detail in his
request the reasons why the matters alleged in the petition, together with supporting
affidavits or other written evidence and briefs or memoranda of legal authorities, will not
permit the fair and expeditious disposition ofthe petition and, to the extent that such
request for a hearing is dependent upon factual assertion, shall accompany such request
by affidavit establishing such facts. In the event a hearing is ordered by the Agency,
Section 91-9, Hawaii Revised Statutes, shall govern the proceedings.
5.3 Applicability of Order
An order disposing of a petition shall be applicable only to the factual situation described
in the petition or set forth in the order.
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5.4 Declaratory Ruling on Agency's Own )tion
Notwithstanding th.e other provisions of this part, the Agency may, on its own motion or
upon request but without notice or hearing, issue a declaratory order to terminate a
controversy or to remove uncertainty.
5.5 Refusal to Issue Declaratory Order
The .Agency may, for good cause, rellise to issue a declaratory order with specific reasons
for such determination. Without limiting the generality of the foregoing, the Agency may.
so refuse where:
a. the question is speculative or purely hypothetical and does not involve existing
facts, or facts that can be expected to exist in the near future;
b. the petitioner's interest is not of the type that would give him standing to maintain
an action if he were to seek judicial relief;
c. the issuance of the declaratory order may affect the interests of the Agency in a
litigation that is pending or may reasonably he expected to arise; or
d. the matter is not within the jurisdiction of the Agency.
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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.
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c. After establishing the parties to the proceeding, the Agency may either proceed
with the hearing, or upon written request by any party, and for good cause,
continue the matter to a more appropriate time and date.
d. The Agency may join as a party to any other person subject to service of process
if complete relief cannot be accorded among those already parties or that person
has an interest in the matter so that the action of the Agency may impair or
impede that person's ability to protect that interest or create a risk of multiple or
otherwise inconsistent actions. Should such an order of joinder be issued, further
proceedings will be suspended until a date not less than twenty (20) days from.
service of the order, so that the joined party might properly respond.
e. Prior to proceeding further, the Agency may vote upon the motion of any
member, to refer the matter for further proceedings to either a hearings officer, or
to one or more member to act as hearings officer(s).
6.2 Presiding Officer
a. Person Presiding. In all hearings before the Agency, the chairperson of the
Agency, or one of its members, or a hearing officer as appointed by the Agency
pursuant to Rule 1.6(b), shall preside at th,e hearing.
b. Powers. The presiding officer controls the course of hearings, adrninisters 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.
c. Continuance. The presiding officer may, in the presiding officer's discretion,
postpone or continue any hearing.
6.3 Notice of Hearing
Unless otherwise provided by law or by these rules, the notice of hearing will be served
on all parties and persons on the mailing list for this purpose at their last recorded
addresses at a reasonable time after the hearing date has been set. The notice shall include
a statement of:
a. The date, time, place, and nature of hearing;
b. The legal authority under • hich the hearing is to be held;
c. The particular sections of the statutes and rules involved;
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d. An explicit statement in plain language of the issues involved and the facts
alleged by the agency in support thereof, provided, that if the agency is unable to
state such issues and facts in detail at the time the notice is served, .the initial
notice may be limited to a statement of the issues involved, and thereafter upon
application, a bill of particulars shall be furnished; and,
c. The fact that any party may retain counsel if he so desires, and the fact that an
individual may appear on his own behalf, or a member of a partnership may
represent the partnership, or an officer or authorized employee of a corporation,
trust, or association may represent the corporation, trust, or association.
6.4 Prehearing Conference
The presiding officer may hold a prehearing conference with the parties for the purpose
of formulating or simplifying the issues, arranging for the exchange of proposed exhibits
or proposed written testimony, setting of schedules, exchanging names of witnesses,
limitation of number of witnesses, and any other matters that may expedite the orderly
conduct and disposition of the proceeding.
6.5 Limiting 'Testimony
To avoid unduly repetitious evidence, the presiding officer may limit the number of
witnesses or the time for testimony upon a particular issue.
6.6 Removal from Proceeding
Any person who willfully disrupts a hearing to prevent or compromise the conduct of the
hearing shall be removed from the hearing room.
6.7 Order of Procedure
The party requesting the contested case hearing shall open and close. Intervenors shall be
heard in such order as the presiding officer directs.
6.8 Co -Counsel
Where a party is represented by more than one counsel or representative, only one of the
counsel shall be permitted to cross-examine a witness or to state any objections or to
make closing argument.
6.9 Cross -Examination
Each party shall have the right to conduct such cross-examination of the witnesses as may
be required for a full and true disclosure of the facts and shall have the right to submit
rebuttal evidence.
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6.10 Requests for Subpoenas
a. Subpoena of a Witness. Any request for the issuance of a subpoena, requiring the
attendance of a witness for the purpose of taking oral testimony before the
Agency, shall be in writing and shall state the reasons why the testimony of the
witness is believed to be material and relevant to the issues involved. Only a party
or member of the Agency may request the issuance of a subpoena.
b. Subpoena of Documents. Any request for the issuance of a subpoena for the
production of documents or records shall be in writing; shall specify the particular
document or record, or part thereof, desired to be produced; and shall state the
reasons why the production thereof is believed to be material and relevant to the
issues involved.
c. Time for Filing. A request for the issuance of a subpoena under this section shall
be valid only if it is physically received by the Commission no later than five
working days before the date of the hearing at which the subpoenaed witness is to
testify or documents are to be produced. The names of those fbr whom subpoenas
have been issued, and any returns of the service of said subpoenas, shall be
available upon request to the public at the office of the Agency.
d. Who May Issue a Subpoena. A subpoena may be issued by the chairperson of the
Agency or the presiding officer. No subpoena shall be issued unless the party
requesting the subpoena has complied with Section 6.1.0(a) and (b) of these rules
and gives the .name and address of the desired witness. Signed and sealed blank
subpoenas will not he issued to anyone. The name and address of the witness shall
be inserted in the original subpoena, a copy of which shall be filed in the
proceeding. The subpoena shall show at whose instance the subpoena is issued.
e. Fees and Mileage. Any witness summoned shall be paid the same fees and
mileage as are paid to witnesses in the circuit court of the State of Hawaii, and
such fees and mileage shall be paid by the party at whose request the witness
appears.
Oath. Each witness shall be placed under oath or affirmation prior to testifying.
6.11 Consolidation
The Agency, upon its own initiative or upon motion, may consolidate for hearing or tbr
other purposes, or m.ay contemporaneously consider, two or more proceedings which
involve substantially the same parties or issues which are the same or closely related if
the Agency finds that such consolidation or contemporaneous consideration will be
conducive to the proper dispatch of its business and to the ends of justice and will not
unduly delay the proceedings.
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6.12 Substitution of Parties
Upon motion and for good cause shown, the Agency may order the substitution of a
party, except that in the case of death of a party, substitution may he ordered without the
filing of a motion.
6.13 Motions
a. Timing. Motions may be made before, during, or after a hearing.
b. Form; Contents. Any motion, other than one made during a hearing, shall be made
in writing to the Agency and shall state the relief sought and shall be accompanied
by an affidavit or legal memorandum setting forth the grounds upon which the
motion is based.
c. Service of Motions. The moving party shall serve a copy of all motion papers on
all other parties and shall file with the Agency the original with proof of service.
d. Memorandum in Opposition. A memorandum in opposition or counter affidavit
shall be served on all parties and the original and proof of service shall be filed
with the Agency within ten (10) calendar days after being served with the motion.
The Chairperson of the Agency may order the memorandum in opposition to be
filed earlier than the ten (10) -day period.
e. Waiver. Failure to serve or file a memorandum in opposition to a motion or
failure to appear at the hearing may be deemed a waiver of objection to the
granting or denial of the motion. A party who does not oppose the motion shall
notify the chairperson and opposing counsel or party promptly.
6.14 Evidence
a. 'Form and Admissibility. The Agency shall not be hound by the strict rules of
evidence, but may exercise its own discretion in such matter with a view to doing
substantial justice.
b. Ruling. The presiding officer shall rule on the admissibility of all evidence. Such
rulings may he reviewed by the Agency in deteimining the matter of the merits.
c. Objections and Exceptions. When objections are made to the admission or
exclusion of evid.ence, the grounds relied upon shall be stated briefly. Formal
exceptions to rulings are unnecessary and need not be taken.
d. Offer of Proof. An offer of proof .for the record shall consist of a statement of the
substance of the evidence to which objection has been sustained.
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e. Prepared Testimony. With the approval of the presiding officer, a witness may
read into the record his testimony on direct examination. Before any prepared
testimony is read, unless excused by presiding officer, the .witness shall deliver
copies thereof to the presiding officer and all counsel or parties. Admissibility
shall he subject to the rules governing oral testimony. Ifthc presiding officer
deems that substantial saving in time will result, a copy ofthe prepared testimony
may be received in evidence without reading, provided that copies thereof shall
have been served upon all parties and the Agency five days before the hearing or
such prior service is waived, to permit proper cross-examination of the witness on
matters contained in the prepared testimony.
.Documentary Evidence. If relevant and material matter offered in evidence is
embraced in a document containing other matters, the party offering it shall
designate specifically the matter so offered. If other matter in the document would
unnecessarily encumber the record, the document will not be received in
evidence, but at the discretion of the presiding officer, the relevant and material
portions may be read into the record or copies thereof received as an exhibit.
Other parties shall be afforded an opportunity to examine the document and to
offer in evidence other portions .thereof believed material and relevant.
Exhibits.
(1)
Form; Size. Exhibits shall be legible and may be prepared on paper not
exceeding 8- 1/ 2 x 11 inches in size or bound or folded to the respective
approximate size, where practical. Wherever practicable, sheets of each
exhibit shall be numbered and data and other figures shall be set forth in
tabular form.
(2) Copies. When exhibits are offered in evidence, the original and five (5)
copies shall be furnished to the presiding officer with a copy to each party
to the proceeding other than the Agency, -unless such copies have been
previously furnished, or the presiding officer directs otherwise.
h. Agency Records. If any matter contained in a document on file as a public record
with the Agency is offered in evidence, unless directed otherwise by the presiding
officer, such document need not he produced as an exhibit, but may be received in
evidence by reference, provided that the particular portions of such document are
specifically identified and otherwise competent, relevant, and material. If
testimony in any proceeding, other than the one being heard, is offered in
evidence, a copy of the evidence shall be presented as an exhibit, unless otherwise
ordered by the presiding officer.
Official Notice of Facts. Official notice may be taken of such matters as may be
judicially noticed by the courts of the State ofHawaii. Official notice may also
be taken of generally recognized technical or scientific facts with the Agency's
specialized knowledge when parties are given notice either before or during the
27
hearing of the material so noticed and afforded the opportunity to contest the facts
so noticed.
Additional Evidence. At the hearing, the presiding officer may require the
production of further evidence upon any issue. Upon agreement of the parties, the
presiding officer may authorize the filing of specific documentary evidence as
part of the record within a fixed time after submission, reserving an exhibit
number therefor.
6.15 Briefs/Memoranda
The presiding officer may require and fix the time for the filing of briefs/memos. Exhibits
may be reproduced in an appendix to a brief/memo. A brief/memo of .more than twenty
(20) pages shall contain a subject index and table of authorities. Requests for extension of
time to file briefs/memos must be made to the Agency in writing, and a copy thereof
served upon or mailed to the other parties to the proceeding. Ordinarily, when a matter is
to be submitted on concurrent briefs/memos, extensions will not be granted unless a
stipulation is filed with the Agency.
6.16 Oral Arguments
The Agency or the presiding officer may direct or permit the presentation of oral
argument with applicant opening and concluding the argument. Not more than one hour
on each side of the proceeding will be allowed for argument without special leave of the
Agency. If more than one party is participating on a side of the proceeding, the parties so
concerned shall divide the hour for that side.
6.17 Close of Hearing
At the end of the presentation of the evidence, submission of briefs and oral arguments, if
any, the Agency or the presiding officer shall close the hearing.
6. .8 Examination of Evidence by the Agency
Whenever Agency members who are to render the final decision have not heard and
examined all of the evidence, the decision, if adverse to a party to the proceedings, shall
not be made until a proposal for decision containing a statement of reasons and including
determination of each issue of fact or law necessaryto the proposed decision has been
served upon the parties, and an opportunity has been afforded to each party adversely
affected to file exceptions and .present argument to the Agency members who are to
render the decision, who shall personally consider the whole record or such portions
thereof as may he cited by the parties.
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6.19 Time Limit for Agency's Decision
Unless otherwise required by law or by these rules, the Agency shall render its decision,
order, or ruling within a period of not more than ninety (90) days after the close of the
hearing, unless a longer period of time is agreed upon by all parties.
6.20 Issuance of Decisions and Orders
A proceeding shall stand submitted for decision by the Agency after the taking of
evidence, and the filing of such briefs or the presentation of such oral argument as may
have been prescribed by the presiding officer. A party to the proceeding may submit a
proposed decision and order which shall include proposed findings of fact and
conclusions of law. The proposed decision and order and findings of fact and conclusions
of law shall he served on each party to the proceeding, and each party shall have five
days from date of service thereof to submit written comments or objections to the
Agency. Every decision and order adverse to a party to the proceeding, rendered by the
Agency shall be in writing or stated in the record and shall be accompanied by separate
findings of fact and conclusions of law. If any party to the proceeding has filed proposed
findings of fact, the Agency shall incorporate in its decision a ruling upon each proposed
finding so presented.
6.21 Service of Decisions and Orders
Decisions and orders shall be served by mailing certified copies thereofto the parties of
record. When service is not accomplished by mail, it may be effected by personal
delivery of a certified copy thereof. When a party to a proceeding has appeared by a
representative, service upon such representative or counsel shall be deemed to be service
upon the party. The date of mailing or personal delivery of the decision and order shall be
the effective date of the Agency's decision.
6.22 Reconsideration of Decision and Order
The Agency shall not reconsider its action in any contested case hearing after the
effective date of the Agency's decision.
6.23 Appeal from the Agency's Decision
Any party may obtain judicial review of the Agency's final decision in the manner set
forth in Section 91-14, Hawaii Revised Statutes.
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PART 3. POST HEARING PROCEDURE FOR HEARINGS CONDUCTED BY HEARING
OFFICER
6.24 Recommendations of Hearing Officer
a. Submission of Recommendations. Upon completion of taking of the evidence,
the hearing officer shall prepare a report, setting forth findings of fact,
conclusions of law, and the reasons therefore, and a recommended order and
submit the report of the case to the Agency.
b. Contents of Record. The record shall include the request for intervention, notice
of hearing, motions, rulings, orders, transcript of the hearing, stipulations,
documentary evidence, proposed findings, or other documents submitted by the
parties, objections to the conduct of the hearing and the report of the hearing
officer and all other matters placed in evidence.
c. Service of Hearing Officer's Report. The hearing officer shall cause a copy of the
report to be served upon all parties to the proceedings.
6.25 Exceptions to Hearing Officer's Report and Recommendations
a. File; .Form; Copies; Time; Service. Within fifteen days after service of the report
and recommendations by the hearing officer, a party may file with the
Commission any exceptions to the report and a brief or statement in support
thereof with the Agency. A copy of the exceptions and brief or statement shall be
served upon each party to the proceeding.
b. Contents of Exceptions. The exceptions shall include:
(1) The specific questions of procedure, fact, law, or policy to which
exceptions are taken.
(2) That part of the hearing officer's report and recommended order to which
objections are made.
(3) Al! the grounds for exceptions to a ruling, finding, conclusion or
recommendation.
c. Waiver of Exceptions. Any exceptions not specifically raised in writing by a
party are waived.
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6.26 Support of Hearing Officer's Report and Recommendations
a. File; Fonn; Copies; Time; Service. Within seven days after service of the
exceptions taken to the hearing officer's report, a party may tile with the Agency a
brief or statement in support of the hearing officer's recommendation. A copy of
the brief or statement in support shall be served upon each party to the
proceeding.
b. Contents of Support Brief or Statement. The supporting brief or statement shall
include:
(1) The specific points of procedure, fact, law, or policy to which exceptions
were taken.
(2) The facts and reasons why report and recommendations must be affirmed.
6.27 Oral Argument before the Agency
a. Party's Request. If a party desires to argue orally before the Agency, a written
request with reasons therefor shall accompany the exceptions or the support brief
or statement filed, and the Agency may grant such request.
b. Agency Direction. The Agency may direct oral argument on its own motion.
6.28 Agency Action
a. No Exceptions Filed. In the event no statement of exceptions is filed .wit
Agency, the Agency may proceed to reverse, modify, or adopt the
recommendations of the hearing officer.
b. Exceptions and Support Statements Filed. Upon the tiling of the exceptions and
briefs or statements, the Agency may render its decision forthwith upon the
record; or if oral argument has been allowed, after oral argument; or may reopen
the docket and take further evidence or may make such other disposition of the
case that is necessary under the circumstances, provided that where additional
evidence is taken and has not been heard and examined by all of the Agency
members who are to render a final decision, the Agency shall comply with the
procedure in Rule 6-18.
6.29 Severability
In the event any portion of these .rules is declared invalid, such invalidity shall not affect
other parts of these rules.
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These Rules of Practice and Procedure of the Banyan Drive Hawaii Redevelopment Agency of
the County of Hawai'i were adopted by the Banyan Drive Hawaii Redevelopment Agency of
the County of Hawai`i on [ SEP 2 8 2016 i•
32
CERTIFICATION
The undersigned Chairperson of the Banyan Drive ai`i Redevelopment Agency, County of
Hawai`i, does hereby certify:
(1) That the foregoing is a full, true, and correct copy of Rules 1 through 6 of the
Rules and Regulations of the Banyan Drive Hawaii Redevelopment Agency
which was adopted on -;;;,-e,e)rr"-.."6----1/4 2 -Cg, lv."" , 2016; and
(2) That notice of a public hearing on the foregoing Rules 1 through 6, which notice
included a statement of the substance of the proposed rules, was published in the
Hawaii Tribune -Herald, on .41 11'
, 2016.
Chairperson, Hawai`i Redevelopment Agency
Mayor, County of Hawai`i
Dated: OCT 1 0 2 016
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation C
OCT - 7 2.0!5
Date:
I hereby certify that the foregoing Rules were received and filed in my office this llth
day of October ,2016.
Cou
erk