reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-53 - Intervention in other than district boundary amendment proceeding or important agricultural lands designation proceeding

Current through June, 2024
(a) In any
				  proceeding other than a district boundary amendment proceeding or important
				  agricultural lands designation proceeding before the commission, petitions to
				  intervene and become a party shall conform to subchapter
				  5 and be filed no later than fifteen
				  days after the date of the publication of the hearing notice.
(b) Contents of the petition shall conform to
				  sections 15-15-52 (e) and 15-15-52(f).
(c) Petitions to intervene in special permit
				  proceedings will not be considered since the record is made by and before the
				  county planning commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-54 - Consolidation

Current through June, 2024
The commission, upon its own initiative or upon motion by
					 any party, may consolidate for hearing or other purposes, or may
					 contemporaneously consider, two or more proceedings which involve substantially
					 the same parties or issues which are the same or closely related if the
					 commission finds that 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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-55 - Statements of position

Current through June, 2024
No later than thirty days after the postmarked date of
					 notice that the petition has been deemed a proper filing, the state office of
					 planning and appropriate county planning department, and any intervenor, or
					 person or legal entity who filed a timely notice of intent to intervene and
					 whose intervention petition is still pending, shall file with the commission a
					 statement of position with a summary of reasons in support or opposition,
					 including without limitation, a statement describing the respective positions
					 of any department within the State and county that may be impacted by the
					 boundary amendment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-55.1 - Filing of exhibits

Current through June, 2024
(a) No later than
				  twenty-five days prior to the date set for hearing pursuant to section
				  15-15-51, or as specified in a prehearing order issued in accordance with
				  section 15-15-57, all parties shall submit all exhibits to substantiate their
				  position on the boundary amendment.
(b) No later than twenty-five days prior to
				  the scheduled hearing pursuant to section 15-15-51, or as specified in a
				  prehearing order issued in accordance with section 15-15-57, all intervenors
				  granted intervention shall submit all exhibits to substantiate their position
				  on the boundary amendment petition.
(c) Each party shall have the opportunity to
				  provide further response to address the exhibits submitted or amended pleadings
				  up to twenty days prior to the hearing date set pursuant to section 15-15-51 or
				  as specified in a prehearing order issued in accordance with section
				  15-15-57.
(d) Any amendments to
				  pleadings shall be submitted pursuant to section 15-15-43.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-56 - Stipulations

Current through June, 2024
All parties may enter into appropriate stipulations as to
					 testimony, exhibits, findings of fact, conclusions of law, and conditions of
					 reclassification concerning the proposed boundary amendment as follows:
(1) A petitioner who desires to enter into a
				  stipulation shall prepare a proposed stipulation as to any or all testimony,
				  exhibits, proposed findings of fact, conclusions of law, and conditions of
				  reclassification concerning the proposed boundary amendment;
(2) All parties shall, sign the proposed
				  stipulation as to any or all testimony, exhibits, proposed findings of fact,
				  conclusions of law, conditions of reclassification, and a proposed decision and
				  order, if at all, and shall submit such stipulation to the commission at least
				  fourteen business days prior to the hearing date;
(3) At the hearing, the commission may
				  approve or deny the proposed stipulation and proposed decision and order in
				  whole or in part, or the commission may require the parties to submit
				  additional evidence concerning the proposed stipulation and proposed decision
				  and order;
(4) The commission may
				  approve the proposed decision and order by amending or adopting the proposed
				  decision and order. The commission shall issue a decision and order pursuant to
				  provisions of sections 15-15-36 and 15-15-74 and section
				  205-4(g),
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-57 - Prehearing conference; exchange of exhibits; prehearing conference order

Current through June, 2024
(a) The chairperson, presiding officer, or
				  the executive officer shall be authorized to hold one or more prehearing
				  conferences with the parties for the purpose of identifying the issues,
				  identifying the positions of the parties, arranging for the exchange of
				  proposed exhibits or proposed written testimony, setting of schedules,
				  exchanging names of witnesses, limitation of number of witnesses, determining
				  the extent of agreement as to proposed findings, and such other matters as may
				  expedite orderly conduct and disposition of the hearing. No motions and
				  decisions on substantive matters shall occur at the prehearing
				  conference.
(b) The chairperson,
				  presiding officer, or the executive officer may issue a prehearing conference
				  order that shall establish a schedule for the mutual exchange of exhibits and
				  identification of witnesses. The prehearing conference order shall insure that
				  all parties will be provided an opportunity to actively participate in the
				  hearing. No party shall be allowed to present additional exhibits or witnesses
				  that are material or substantial and not identified within the schedule
				  provided by the prehearing conference order, unless the presenting party
				  provides good cause or the exhibit or witness is being presented for rebuttal
				  purposes, or by stipulation of the parties with the permission of the
				  commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-58 - Procedure for witnesses

Current through June, 2024
(a) The commission
				  may subpoena witnesses as set forth in section 15-15-69.
(b) Together with other witnesses that the
				  commission may desire to hear at the hearing, the commission shall also allow a
				  representative of a citizen or community group to testify, who indicates a
				  desire to express the views of those citizen or community group concerning the
				  proposed boundary amendment. Anyone who desires to testify shall make written
				  application to be a witness prior to the hearing and, if the person desires to
				  express the views of a citizen or community group, shall submit written
				  evidence to show that the person is a duly authorized representative of the
				  citizen or community group.
(c) The
				  presiding officer shall place witnesses under oath or affirmation prior to
				  testifying.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-59 - Conduct of hearing

Current through June, 2024
(a) The hearing
				  shall be conducted in accordance with this subchapter. Unless otherwise
				  provided by law, the party initiating the proceeding shall have the burden of
				  proof, including the burden of producing evidence and the burden of persuasion.
(b) The presiding officer shall
				  convene the hearing and summarize the proceeding,
(c) Before presenting the case, the parties
				  shall have the opportunity to make opening statements in the order in which
				  they present witnesses. Opening statements may be waived.
(d) Unless otherwise directed by the
				  presiding officer, witnesses shall be called in the following order in a
				  district boundary amendment proceeding:
(1)
				  Witnesses for the petitioner;
(2)
				  Witnesses for the county planning department;
(3) Witnesses for the state office of
				  planning;
(4) Witnesses for each
				  intervenor, in the order in which intervention was granted;
(5) Rebuttal witnesses for the
				  petitioner;
(6) Additional
				  witnesses as the presiding officer may determine.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-60 - Presiding officer

Current through June, 2024
(a) Notwithstanding
				  section 15-15-06, in all hearings before the commission, the chairperson, a
				  vice-chairperson, one of the other commissioners, or a hearings officer
				  appointed by the commission shall preside at the hearing.
(b) The presiding officer shall convene the
				  hearing and briefly state the nature of the case, control the schedule and
				  course of the hearings, administer oaths and affirmations, receive evidence,
				  hold appropriate conferences before and during hearings, rule upon all
				  objections or motions which do not involve a final determination of the
				  proceedings, receive offers of proof, and fix the time for the filing of briefs
				  or proposed findings of fact, conclusions of law and decisions and orders and
				  responses or objections thereto, dispose of any other matter that normally and
				  properly arises in the course of a hearing, and take all other actions
				  authorized by law that are deemed necessary to the orderly and just conduct of
				  a hearing.
(c) The presiding
				  officer may postpone or continue any hearing upon a motion of any party without
				  a hearing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-61 - Disqualification

Current through June, 2024
No commissioner or hearings officer shall sit in any
					 proceeding in which the commissioner or hearings officer has a personal
					 pecuniary or business interest, or one in which the commissioner or hearings
					 officer is related within the first degree by blood or marriage to any party to
					 the proceeding. However, if, after declaring the nature of the circumstances of
					 the pecuniary interest or consanguinity to the parties, and the parties do not
					 oppose the commissioner or hearings officer sitting in the proceeding, the
					 commissioner or hearings officer may participate in the proceeding. The record
					 shall note clearly the waiver by the parties.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-62 - Ex parte communications

Current through June, 2024
(a) No person
				  whether or not a party to a proceeding before the commission shall make an
				  unauthorized ex parte communication either oral or written about the proceeding
				  to any member of the commission or hearings officer who will be a participant
				  in the decision-making process or the executive officer.
(b) The following classes of ex parte
				  communications are permitted:
(1)
				  Communications which relate solely to matters which a commission member or
				  hearings officer is authorized by the commission to dispose of on an ex parte
				  basis, including communications regarding scheduling or other procedural
				  matters regarding the course of the proceeding;
(2) Requests for information with respect to
				  the status of a proceeding;
(3)
				  Communications which all parties to the proceeding agree or which the
				  commission has formally ruled may be made on an ex parte basis; and
(4) Communications with representatives of
				  any news media on matters intended to inform the general public.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-65 - Limiting testimony

Current through June, 2024
To avoid unnecessary cumulative evidence, the presiding
					 officer may limit the number of witnesses or the time for testimony upon a
					 particular issue.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-66 - Removal from proceeding

Current through June, 2024
Any person who wilfully disrupts a hearing or other
					 proceeding may be removed from the hearing room.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-67 - Co-oounsel

Current through June, 2024
Where a party is represented by more than one attorney or
					 representative, only one of the attorneys or representatives shall be permitted
					 to make an opening statement, or to examine or cross-examine a particular
					 witness' or to state any objections or to make closing statements, unless
					 otherwise authorized by the presiding officer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-69 - Subpoenas

Current through June, 2024
(a) Any party may file a written motion for
				  the issuance of a subpoena requiring the attendance of a witness for the
				  purpose of taking oral testimony before the commission, which motion shall not
				  require a hearing.
(b) Motions for
				  the issuance of subpoenas duces tecum shall:
(1) Be in writing;
(2) Specify the particular document or
				  record, or part thereof, desired to be produced;
(3) State the reasons why the production
				  thereof is believed to be material and relevant to the issues involved;
				  and
(4) Include a statement of the
				  reasons why the testimony of the witness is believed to be material and
				  relevant to the issues involved.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-70 - Motions

Current through June, 2024
(a) Any party may make motions before,
				  during, or after the close of a hearing.
(b) All motions, other than those made during
				  a hearing, shall:
(1) Be in
				  writing;
(2) State the grounds for
				  the motion;
(3) Set forth the
				  relief or order sought;
(4) Be
				  accompanied by a memorandum in support of the motion, if the motion involves a
				  question of law; and
(5) Be filed
				  with the commission at least ten business days before the next regularly
				  scheduled meeting of the commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-70.1 - Protective orders

Current through June, 2024
Any party or any person may move for a protective order to
					 protect the confidentiality of information that is protected from disclosure
					 under chapter
					 92F, HRS, or by other law. A motion
					 for protective order shall specifically identify the document or information to
					 be protected. The movant shall bear the burden of establishing that the
					 information should be protected. Stipulations for protective order, subject to
					 the commission's approval, may be filed in lieu of motions for protective
					 orders.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-71 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the commission may
					 order substitution of parties, except that in the case of death of a party,
					 substitution may be ordered without the filing of a motion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-72 - Correction of transcript

Current through June, 2024
The chairperson, presiding officer, or hearings officer
					 shall determine any motion at the hearing to correct the transcript. Any
					 motions after the hearing to correct the transcript shall be filed with the
					 commission within seven days after receipt of the transcript unless otherwise
					 directed, and shall be served on all parties. Such motions shall certify the
					 date when the transcript was received. If no objections are received before
					 seven days after the date of service, the transcript, upon approval of the
					 commission, shall be changed to reflect the corrections.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-73 - Post hearing procedures

Current through June, 2024
Post hearing procedures shall conform to subchapters
					 9 and
					 10.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-74 - Decision

Current through June, 2024
(a) For district boundary amendment petitions
				  filed before December 31, 1995, within a period of not more than one hundred
				  twenty days after the close of the hearing, unless otherwise ordered by the
				  court, the commission, by filing findings of fact and conclusions of law, shall
				  act to approve the petition, deny the petition, or to modify the petition by
				  imposing conditions in accordance with subchapter
				  11.
(b) For district boundary amendment petitions
				  filed on or after July 14, 1998, prior to a period of not more than three
				  hundred sixty-five days after the petition has been deemed a proper filing by
				  the commission or the executive officer, unless otherwise ordered by a court,
				  or unless a time extension, not to exceed ninety days, is established by a
				  two-thirds vote of the members of the commission, the commission, by filing
				  findings of fact and conclusions of law, shall act to approve the petition,
				  deny the petition, or to modify the petition by imposing conditions in
				  accordance with subchapter
				  11. If the commission fails to act on
				  the petition pursuant to section
				  205-4(g),
				  HRS, the petition shall be deemed approved, subject to the provisions of
				  section 15-15-90(e).
(c)
				  Notwithstanding subsections (a) and (b), decisions for petitions submitted
				  pursuant to section
				  201H-38,
				  HRS, shall be made in the timeframe as provided in section 15-15-97.
(d) Notwithstanding subsections (a) and (b),
				  decisions on acceptance or non-acceptance of environmental compliance documents
				  submitted pursuant to chapter
				  343, HRS, shall be made within thirty
				  days of receipt of the final statement, provided that the period may be
				  extended -at the request of the applicant for a period not to exceed fifteen
				  days. Notification of a determination of acceptance or non-acceptance will be
				  by letter from the executive officer to the applicant and office of
				  environmental quality control, pursuant to chapter
				  343, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-75 - Appeals

Current through June, 2024
Parties to proceedings to amend land use district
					 boundaries may obtain judicial review as provided in section
					 205-19,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-76 - Re-application by the petitioner for boundary amendment

Current through June, 2024
(a)
				  The commission shall not accept any petition for boundary amendment covering
				  substantially the same request for substantially the same land as had
				  previously been denied by the commission within one year of the date of filing
				  findings of fact and conclusions of law denying the petition unless the
				  petitioner submits significant new data or additional reasons which
				  substantially strengthen the petitioner's position, provided that in no event
				  shall any new petition be accepted within six months of the date of filing of
				  the findings of fact and conclusions of law.
(b) Additionally, the commission shall not
				  accept any petition for boundary amendment for the same request involving the
				  same land that was before the commission and withdrawn voluntarily by the
				  petitioner within one year of the date of the withdrawal.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 8 - DECISION-MAKING CRITERIA FOR BOUNDARY AMENDMENTS › Section 15-15-78 - Incremental districting

Current through June, 2024
(a) If it appears
				  to the commission that full development of the subject property cannot
				  substantially be completed within ten years after the date of the commission's
				  approval and that the incremental development plan submitted by the petitioner
				  can be substantially completed, and if the commission is satisfied that all
				  other pertinent criteria for amending the land use boundary for the subject
				  property or part thereof are present, then the commission may:
(1) Grant the petitioner's request to amend
				  the land use boundary for the entire subject property; or
(2) Amend the land use boundary for only that
				  ' portion of the subject property which the petitioner plans to develop first
				  and upon which it appears that substantial development can be completed within
				  ten years after the date of the commission's approval.' At the same time, the
				  commission shall indicate its approval of the future land use boundary
				  amendment of the total subject property requested by the petitioner, or so much
				  thereof as shall be justified as appropriate therefor by the petitioner, such
				  approval to indicate a schedule of incremental land use boundary amendments
				  over successive periods not to' exceed ten years each. The commission may amend
				  the land use boundary of the subject property, if it finds such an amendment is
				  justified.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 8 - DECISION-MAKING CRITERIA FOR BOUNDARY AMENDMENTS › Section 15-15-79 - Performance time

Current through June, 2024
(a) Petitioners granted district boundary
				  amendments shall make substantial progress within a reasonable period, as
				  specified by the commission, from the date of approval of the boundary
				  amendment, in developing the property receiving the boundary amendment. The
				  commission may act to amend, nullify, change, or reverse its decision and order
				  if the petitioner fails to perform as represented to the commission within the
				  specified period.
(b) The
				  commission may provide by condition that absent substantial commencement of use
				  of the subject property or substantial progress in developing the land
				  receiving the boundary amendment in accordance with representations and
				  commitments made by the petitioner to the commission, the commission shall
				  issue and serve upon the party bound by the condition an order to show cause
				  why the property should not revert to' its former land use district
				  classification or be changed to a more appropriate land use district
				  classification. Such conditions, if any, shall run with the land and be
				  recorded in the bureau of conveyances pursuant to section 15-15-92.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 9 - POST HEARING PROCEDURES FOR HEARINGS BEFORE THE COMMISSION › Section 15-15-80 - Briefs

Current through June, 2024
The presiding officer may fix the time for the filing of
					 briefs. Exhibits may be reproduced in an appendix to a brief. A brief of more
					 than twenty pages shall contain a subject index and table of authorities,
					 Requests for extension of time to file briefs must be made to the commission in
					 writing with one original, one paper copy, and one electronic copy filed with
					 the commission, and a copy served upon or mailed to the parties to the
					 proceeding. Ordinarily, when a matter is to be submitted on concurrent briefs,
					 extensions shall not be granted unless a stipulation is filed with the
					 commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 9 - POST HEARING PROCEDURES FOR HEARINGS BEFORE THE COMMISSION › Section 15-15-81 - Oral argument

Current through June, 2024
The commission or the presiding officer may direct or
					 permit the presentation of oral argument with the petitioner opening and
					 concluding the argument. Not more than fifteen minutes on each side of the
					 proceeding shall be allowed for argument without special leave of the
					 commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 9 - POST HEARING PROCEDURES FOR HEARINGS BEFORE THE COMMISSION › Section 15-15-82 - Issuance of decisions and orders

Current through June, 2024
(a) A proceeding
				  shall stand submitted for decision by the commission after the taking of
				  evidence, and the filing of briefs or the presentation of oral argument as may
				  have been prescribed by the presiding officer or hearings officer. The
				  petitioner_shall submit a proposed decision and order which shall include
				  proposed findings of fact, conclusions of law, and proposed conditions; all
				  other parties may submit a proposed decision and order including proposed
				  findings of fact, conclusions of law and proposed conditions. If a party enters
				  into a partial stipulation as authorized in section 15-15-82.1, the party shall
				  nevertheless file a proposed decision and order indicating the findings of
				  fact, conclusions of law and proposed conditions that are stipulated to and
				  also set forth proposed findings of fact, conclusions of law and proposed
				  conditions that it proposes that are different than the stipulation. A proposed
				  decision and order shall be filed with the commission consisting of one paper
				  original, one paper copy, and one electronic copy, and a copy shall be_served
				  upon each party to the proceeding. Each party to the proceedings shall be given
				  the opportunity to comment on each proposed decision and order filed with the
				  commission.
(b) A commission member
				  may prepare a proposed findings of fact and conclusions of law, and serve the
				  document upon each party not less than ten business days prior to the meeting
				  at which the proposed findings of fact and conclusions of law shall be
				  presented,
(c) Notwithstanding any
				  provision of this chapter to the contrary, each party may provide its position
				  on the commission members' proposed findings of fact and conclusions of law
				  within five business days from the date of service. Any party providing its
				  position shall provide a summary of its reasons for support or
				  objection.
(d) Every decision and
				  order adverse to a party to the proceeding, rendered by the commission in a
				  contested case, shall be accompanied by separate findings of fact and
				  conclusions of law.
(e) Findings of
				  fact, conclusions of law, and decision and order shall be issued by the
				  commission for district boundary amendments and special permits deemed approved
				  pursuant to section
				  91-13.5,
				  HRS. The decision and order shall include mandatory conditions pursuant to
				  section 15-15-90 (e). For orders determining the acceptability of environmental
				  compliance documents pursuant to chapter
				  343, HRS, the chair or presiding
				  officer shall sign for the commission.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 9 - POST HEARING PROCEDURES FOR HEARINGS BEFORE THE COMMISSION › Section 15-15-82.1 - Stipulation as to findings of fact, conclusions of law, conditions of boundary amendment, and decision and order

Current through June, 2024
After the close of the evidentiary portion of the hearing,
					 some or all parties may enter into stipulations as to findings of fact,
					 conclusions of law, conditions of boundary amendment, and decision and order
					 concerning the proposed boundary amendment as follows:
(1) A petitioner who desires to enter into a
				  stipulation shall prepare a proposed stipulation as to any or all findings of
				  fact, conclusions of law, conditions of boundary amendment, and decision and
				  order concerning the proposed boundary amendment;
(2) Parties in agreement with a stipulation
				  shall sign the proposed stipulation as to any or all proposed findings of fact,
				  conclusions of law, conditions of boundary amendment, and a proposed decision
				  and order, and shall submit such stipulation to the commission within the time
				  frame specified by the commission;
(3) After the hearing, the commission may
				  adopt the proposed stipulation, and if it adopts the stipulated decision and
				  order the commission may amend, accept, modify or reject in part or in whole
				  any of the findings of fact, conclusions of law, conditions of boundary
				  amendment, and anything else contained in the stipulation;
(4) The commission shall issue a decision and
				  order pursuant to provisions of sections 15-15-36 and 15-15-74 and section
				  205-4(g)
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 9 - POST HEARING PROCEDURES FOR HEARINGS BEFORE THE COMMISSION › Section 15-15-83 - Service of decisions and orders

Current through June, 2024
The commission shall serve the decisions and orders by
					 personal delivery or mailing certified copies to the parties of record. The
					 effective date of the decision and order is the date certified by the executive
					 officer. When a party to a proceeding has appeared by a representative, service
					 upon the representative or attorney shall be deemed to- be service upon the
					 party.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 9 - POST HEARING PROCEDURES FOR HEARINGS BEFORE THE COMMISSION › Section 15-15-84 - Reconsideration of decision

Current through June, 2024
(a) A motion for
				  reconsideration shall be filed with the commission within seven calendar days
				  after issuance of the commission's written decision and order. The motion for
				  reconsideration shall clearly specify that the motion is for
				  reconsideration.
(b) The motion for
				  reconsideration shall state specifically the grounds on which the movant
				  considers the decision or order unreasonable, unlawful, or erroneous.
(c) In no event will the commission consider
				  any motion for reconsideration on any petition after the period within which
				  the commission is required to act on the petition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 10 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARINGS OFFICER › Section 15-15-85 - Recommended decision

Current through June, 2024
(a) Upon completion
				  of taking of the evidence, the hearings officer may request the parties to
				  submit a proposed findings of fact, conclusions of law, and decision and order,
				  consisting of one original, one paper copy, and one electronic copy. Proposed
				  decision and orders submitted shall be served upon each party to the proceeding
				  and an opportunity given to each party to comment thereon. Upon receipt of the
				  proposed decision and orders and any comments from the parties, the hearings
				  officer shall prepare and submit to the commission a recommended decision which
				  shall include recommended findings of fact, conclusions of law and a
				  recommended decision and order.
(b)
				  The record shall include the petition and other pleadings, notice of hearing,
				  motions, rulings, orders, transcript of the hearing, stipulations, documentary
				  evidence, offers of proof, proposed findings, or other documents submitted by
				  the parties, all matters placed in evidence, objections to the conduct of the
				  hearing, the recommended decision of the hearings officer, and all other
				  matters placed in evidence.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 10 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARINGS OFFICER › Section 15-15-85.1 - Proposed decision

Current through June, 2024
Upon receipt of the hearings officer's recommended
					 decision, the commission may adopt it as its proposed decision, or may remand
					 it to the hearings, officer for any clarification or correction, or may modify
					 or reject it and issue its own proposed decision.
A copy of any proposed decision of the commission shall be
					 served upon each party.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 10 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARINGS OFFICER › Section 15-15-86 - Exceptions; extension of time; finality of proposed decision

Current through June, 2024
(a) Within fourteen calendar days after the
				  date of mailing or personal service of a copy of the commission's proposed
				  decision, a party may file with the commission exceptions to any part thereof
				  and request review by the commission. Such party shall serve copies of
				  exceptions and briefs upon each party to the proceeding.
(b) The exceptions shall:
(1) Set forth specifically the questions of
				  procedure, fact, law, or policy, to which exceptions are taken;
(2) Identify that part of the proposed
				  decision to which objections are made;
(3) Designate by page citation the portions
				  of the record relied upon and specify authorities relied upon to sustain each
				  point; and
(4) State all the
				  grounds for exceptions to a ruling, finding, or conclusion. Grounds not cited
				  or specifically urged are waived.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 10 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARINGS OFFICER › Section 15-15-87 - Support of hearings officer's recommended decision

Current through June, 2024
(a)
				  Within seven days after service of the exceptions taken to the proposed
				  decision, any party may file with the commission a brief opposing the
				  exceptions. Such party shall serve copies of the brief in support upon each
				  party to the proceeding
(b) The
				  brief opposing exceptions shall:
(1) Answer
				  specifically the points of procedure, fact, law, or policy to which exceptions
				  were taken;
(2) State the facts and
				  reasons why the proposed decision must be affirmed; and
(3) Designate by page citation the portions
				  of the record relied upon.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 10 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARINGS OFFICER › Section 15-15-88 - Argument on exceptions

Current through June, 2024
Upon the filing of exceptions by a party adversely affected
					 by the proposed decision, the commission shall grant such party an opportunity
					 to present arguments to the commission. The executive officer, with direction
					 from the chairperson, shall set the time and place of hearing of argument on
					 exceptions and give written notice to the parties.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 10 - POST HEARING PROCEDURES FOR HEARING CONDUCTED BY HEARINGS OFFICER › Section 15-15-89 - Final decision

Current through June, 2024
(a) When exceptions
				  have been filed to the commission's proposed decision, the commission, within
				  forty-five days after the hearing on exceptions, shall render its final
				  decision. In rendering its final decision, the commission shall consider the
				  whole record or such portions thereof as may be cited by the parties and shall
				  resolve all questions of fact by what it deems to be the greater weight of the
				  evidence thereon. The final decision shall contain findings of fact and
				  conclusions of law upon which the decision is based.
(b) After the commission has heard and
				  examined all of the evidence, the commission, shall issue its decision within
				  forty-five days after receiving the evidence, or filing of any memoranda or
				  proposed findings of fact and conclusions of law upon which the decision is
				  based.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 11 - CONDITIONS: FILING, ENFORCEMENT, MODIFICATION, DELETION › Section 15-15-91 - Applicability

Current through June, 2024
Conditions imposed by the commission shall run with the
					 land and shall be binding upon the petitioner and each and every subsequent
					 owner, lessee, sub-lessee, transferee, grantee, assignee, or
					 developer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 11 - CONDITIONS: FILING, ENFORCEMENT, MODIFICATION, DELETION › Section 15-15-92 - Filing procedure for conditions imposed by the commission

Current through June, 2024
(a) Within seven days of issuance of the
				  decision and order pursuant to section 15-15-83, the petitioner shall file a
				  notice of imposition of conditions, in a form prescribed by the executive
				  officer, with the bureau of conveyances.
(b) All conditions imposed by the commission
				  in its decision and order and conditions pursuant to section 15-15-90(e), shall
				  be recorded at the bureau of conveyances and shall comply with the following
				  procedures:
(1) The document listing the
				  conditions shall be submitted to the commission for review and approval by the
				  executive officer prior to filing with the bureau of conveyances;
(2) The petitioner shall record the
				  conditions at the bureau of conveyances within sixty days after the receipt of
				  the decision and order requiring the same. The timeframe for recordation of the
				  condition may be extended pursuant to section 15-15-42;
(3) Evidence of recordation shall be by
				  certified copy under the signature of the registrar of conveyances. The
				  petitioner shall forward a certified copy to the commission; and
(4) Description of the land shall be
				  sufficiently accurate to identify the land intended to be
				  affected.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 11 - CONDITIONS: FILING, ENFORCEMENT, MODIFICATION, DELETION › Section 15-15-93 - Enforcement of conditions, representations, or commitments

Current through June, 2024
(a) Any party or interested person may file a
				  motion with the commission requesting an issuance of an order to show cause
				  upon a showing that there has been a failure to perform a condition,
				  representation, or commitment on the part of the petitioner. The party or
				  person shall also serve a copy of the motion for an order to show cause upon
				  any person bound by the condition, representation, or commitment. The motion
				  for order to show cause shall state:
(1) The
				  interest of the movant;
(2) The
				  reasons for filing the motion;
(3)
				  A description and a map of the property affected by the condition;
(4) The condition ordered by the commission
				  which has not been performed or satisfied;
(5) Concisely and with particularity the
				  facts, supported by an affidavit or declaration, giving rise to a belief that a
				  condition ordered by the commission has not been performed or satisfied;
				  and
(6) The specific relief
				  requested.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 11 - CONDITIONS: FILING, ENFORCEMENT, MODIFICATION, DELETION › Section 15-15-94 - Modification or deletion of conditions or orders

Current through June, 2024
(a) If a
				  petitioner, pursuant to this subsection, desires to have a modification or
				  deletion of a condition that was imposed by the commission, or imposed pursuant
				  to section 15-15-90 (e) or (f), or modification of the commission's order, the
				  petitioner shall file a motion in accordance with section 15-15-70 and serve a
				  copy on all parties to the boundary amendment proceeding in which the condition
				  was imposed or in which the order was issued, and to any person that may have a
				  property interest in the subject property as recorded in the county's real
				  property tax records at the time that the motion is filed.
(b) For good cause shown, the commission may
				  act to modify or delete any of the conditions imposed or modify the
				  commission's order.
(c) Any
				  modification or deletion of conditions or modifications to the commission's
				  order shall follow the procedures set forth in subchapter
				  11.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 12 - SPECIAL PERMITS › Section 15-15-95.1 - Applicability of subchapter 5

Current through June, 2024
Except as otherwise provided in this subchapter, the
					 procedural provisions of subchapter
					 5 shall apply to petitions for special
					 permits.