Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 26 - PUBLIC AND COMMERCIAL ACTIVITIES ON MAUNA KEA LANDS › Subchapter 5 - ADMINISTRATION AND ENFORCEMENT › Section 20-26-75 - Appeals process, information requests and submittals, and petitions for declaratory rulings

Current through June, 2024
(a) Requests for
				  informal and formal appeals shall be submitted in writing on a form to be
				  provided by the president. These forms shall be made available by the president
				  at OMKM''s office and on OMKM's website.
(b) Practice and procedure for informal and formal appeals:
(1) Informal procedures. A person who
				  believes that they have received a citation in error, whose vehicle was removed
				  by an authorized agent, or who disagrees with a written decision by the
				  president may file a written request for an informal review with the president
				  within fifteen (15) days of the issuance of the citation, the removal of the
				  vehicle, or the president's written decision. Upon review of the written
				  request, the president shall issue a written decision that shall be final and
				  binding.
No further appeal is allowed.
(2) Formal procedures. Instead of an informal
				  review, a person who believes that they have received a citation in error or
				  who disagrees with a written decision by the president may file a written
				  request for a formal review with the president within fifteen (15) days of the
				  issuance of the citation or the president's written decision. The person shall
				  be afforded an opportunity for hearing after reasonable notice as provided by
				  chapter
				  91, Hawaii Revised Statutes. The
				  hearing under this section shall be treated as a contested case hearing under
				  chapter
				  91, Hawaii Revised Statutes, and shall
				  be conducted in accordance with the statutory requirements for contested case
				  hearings, as follows:
(A) The hearing shall be
				  conducted by the president or a hearing officer appointed by the
				  president;
(B) Upon receipt of a
				  written request for a formal hearing, the president or the hearing officer
				  shall issue a written notice, which notice shall include a statement of:
(i) The date, time, place, and nature of
				  hearing;
(ii) The legal authority
				  under which the hearing is to be held;
(iii) The particular sections of the
				  statutes, rules, and procedures involved;
(iv) An explicit statement in plain language
				  of the issues involved and the facts alleged by the authorized agent or law
				  enforcement officer issuing the citation in support thereof, provided that if
				  the president or the hearing officer is unable to state the issues and facts 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
(v) The fact
				  that any party may retain counsel if so desired. The written notice of hearing
				  shall be provided to all parties to the proceeding at least fifteen (15) days
				  before the hearing;
(C)
				  Opportunity shall be afforded each party to present evidence and argument on
				  all issues involved. Every party shall have the right to conduct a
				  cross-examination as may be required for a full and true disclosure of the
				  facts and shall have the right to submit rebuttal evidence;
(D) Any procedure in a contested case may be
				  modified or waived by stipulation of the parties and informal disposition may
				  be made of any contested case by stipulation, agreed settlement, consent order,
				  or defaults;
(E) For the purpose of
				  preserving a record of the proceedings before the president or the hearing
				  officer, the proceedings shall be either tape-recorded or recorded verbatim by
				  a certified shorthand reporter. It shall not be necessary to transcribe the
				  record unless requested for purposes of rehearing or court review;
(F) Within a reasonable time following the
				  closure of the hearing on the contested case, the president or the hearing
				  officer shall prepare findings of fact and conclusions of law, and a decision
				  on the case. The proposed findings, conclusions, and decision shall be served
				  on the parties. A party may file written exceptions and present written or oral
				  arguments to the president or the hearing officer. Any exceptions and written
				  arguments shall be filed not more than fifteen (15) days from the date of the
				  proposed decision with the president;
(G) In rendering the final decision, the
				  president shall consider the whole record of the contested case or the portions
				  thereof as may be cited by the parties. No matters outside the record shall be
				  considered in making a decision, except as provided in this chapter;
(H) Every decision and order adverse to a
				  party to the proceeding shall be in writing or stated in the record and shall
				  be accompanied by separate findings of fact and conclusions of law. Parties to
				  the proceedings shall be notified by delivering or mailing a certified copy of
				  the decision and order and accompanying findings and conclusions within a
				  reasonable time to each party;
(I)
				  If a party does not appear at the date, time, and place appointed for the
				  hearing, either before the president or the hearing officer, the party may be
				  denied another hearing on the matter; and
(J) Judicial appeals from the final decision
				  of the president in a contested case under this chapter shall be in accordance
				  with chapter
				  91, Hawaii Revised Statutes.