RULES OF PRACTICE AND PROCEDURE FOR THE HAWAII COUNTY CULTURAL RESOURCES COMMISSION

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(5) The Commission shall forward its report to the Mayor within forty- five days after receiving notice from the State Historic Preservation Officer, or a longer period as agreed to by the Commission and the State Historic Preservation Officer. The report shall include findings on whether the property meets the criteria for nomination and a recommendation that the State Historic Preservation Officer either nominate or reject the proposed nomination. (6) The Mayor shall have fifteen days after receiving the report of the Commission to send this report and a recommendation to the State Historic Preservation Officer. The Mayor's recommendation may, but need not, concur with the recommendation contained in the Commission's report. (7) Historic register nominations initiated by the Commission shall be presented at a public hearing pursuant to Section 3-3(b)(1)through (3) of these rules. The Commission shall abstain from issuing a determination as to the eligibility of the nomination for inclusion on a historic register pursuant to Section 3-3(b)(4) through(6) of these rules, and shall instead transmit the nomination, along with any submitted testimony and a copy of the minutes of the public hearing,to the Mayor for their consideration,transmittal, and recommendation to the State Historic Preservation Officer. (c) Appeals. A recommendation by the Commission and Mayor regarding an application for nomination to a historic register is not a final administrative decision and therefore is not appealable. 3-4 Review of Proposed Actions Involving Sites on a Historic Register (a) Transmittal to the Commission. (1) The State Historic Preservation Officer,the County of Hawai`i Planning Department, or members of the public may forward applications,permit requests, draft environmental assessments, and other applicable documents to the Commission that pertain to sites that are on a historic register. (2) Applicable documents as defined in Section 3-4(a)(l) of these rules shall be received by the Commission no less than twenty calendar days before the next scheduled Commission hearing to be heard at that hearing. Documents received less than twenty calendar days before the next scheduled Commission meeting may be placed on the agenda for the subsequent meeting. (3) In addition to the submitted materials, the Commission may require the documents be accompanied by a cover form, approved by the Commission, which may include but not necessarily be 15