2023-11-08 Denial of Request for Issuance of Subpoena Duces Tecum

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DeVera, Ashley From: Tavares, Sherilyn K. Sent: Wednesday, November 8, 2023 3:50 PM To: Ian R. Wesley-Smith; Planning Board of Appeals Cc: Patrick K. Wong; Pause, Stephen (Steve); Braman, Eva; Kekai, Malia; Agustin, Noah; SalasFerguson, Sinclair; Lactaoen, Kawehilani S Subject: RE: 1'O PROCESSING COMPANY INC (PL-BOA-2023-000065) Request for Issuance of Subpoena Duces Tecum Good afternoon, The Request for Issuance of Subpoena Duces Tecum is DENIED, for several reasons: 1) If they are interpreting 3-9 of BOA rules of practice and procedure as this being of our duty or jurisdiction, they are misinterpreting the Rule. a. Their request does not identify a specific document, or part thereof, and does not then specify what in that document is material or relevant to their case. b. Even if this applied, they did not request it in the appropriate manner/form per Rule 3-9(c). c. Their second and third paragraphs outlining their request-copies of past and present policies and all decisions on agricultural exemptions from 2022-present-are beyond the scope of what the BOA has the authority to grant a subpoena request for. 2) They seem to be basically objecting to DPW's ROA&should file their objection as such. The deadline was provided in the Scheduling Order. 3) As a note, in the Kai LLC case, one of the exhibits Kai LLC had was a formal request they sent to DPW & in response, DPW furnished all emails and internal correspondence that was related to their project/TMK as it related to the specific permit#'s they were referencing with-in their appeal. The BOA has no authority to tell the Department to provide a general list of documents that may or may not be within their possession that has no relation to the specific matter before us. We are not the entity to determine the completeness, or lack thereof, of any generalized document request. What appears more appropriate for them is that they can go through the official legal route of a UIPA and make their request directly to the Department. The BOA cannot grant this type of request as we do not have the jurisdiction in which to do so. The request is DENIED. Please let me know if you have any questions. Have a great afternoon, Sheri From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent: Wednesday, November 8, 2023 11:37 AM To:Tavares, Sherilyn K. <Sherilyn.Tavares@hawaiicounty.gov>; Planning Board of Appeals <boardofappeals@hawaiicounty.gov> Cc: Patrick K. Wong<pwong@carlsmith.com>; Pause, Stephen (Steve) <Steve.Pause@hawaiicounty.gov>; Braman, Eva <Eva.Braman@hawaiicounty.gov>; Kekai, Malia <malia.kekai@hawaiicounty.gov>;Agustin, Noah <Noah.Agustin@hawaiicounty.gov>; SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov>; Lactaoen, Kawehilani S<KawehilaniS.Lactaoen@hawaiicounty.gov> Subject: RE: 1'0 PROCESSING COMPANY INC (PL-BOA-2023-000065) Request for Issuance of Subpoena Duces Tecum Ms. Sherilyn, 1