HAR §13-167-54. Parties

(a) The following persons or agencies shall be admitted as a party: (1) The petitioner shall be a party. (2) All government agencies whose jurisdiction includes the land or water in question may be admitted as parties upon timely application. (3) All persons within a hydrologic unit who have some property interest in the land, who lawfully reside on the land, who are adjacent property owners, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application. (4) Other persons who can show a substantial interest in the matter may apply to be a party. The presiding officer or the commission may approve the application only if the applicant's participation will substantially assist the commission in its decision making. (b) The presiding officer or the commission as provided by law may deny any application to be a party when it appears that: (1) The position of the applicant for participation is substantially the same as the position of a party already admitted to the proceedings; and (2) The admission of additional parties will not add substantially new information or the addition will render the proceedings inefficient and unmanageable. (c) All persons with similar interests seeking to be admitted as parties shall be considered at the same time so far as possible. (d) Where a contested case hearing has been scheduled, any other interested person who qualifies to be a party under subsection (a) may apply to participate, in accordance with this subchapter by filing a written application with the commission not later than ten days before the scheduled contested case hearing or at such earlier time as the commission may designate. Except for good cause shown, late filings shall not be permitted. (e) The application to become a party shall contain the following: (1) The nature of applicant's statutory or other right. (2) The tax map key number of the applicant's property as well as the petitioner's property. The nature and extent of applicant's interest. UNOFFICIAL COMPILATION 167-23 (3) The effect of any decision in the proceeding on applicant's interest. (4) The difference in the effect of the proposed action on the applicant's interest and the effects of the proposed action on the general public. (f) If relevant, the application shall also address: (1) Other means available whereby applicant's interest may be protected. (2) The extent the applicant's interest may be represented by existing parties. (3) The extent the applicant's interest in the proceedings differs from that of the other parties. (4) The extent the applicant's participation can assist in development of a complete record. (5) The extent the applicant's participation will broaden the issue or delay the proceeding. (6) How the applicant's intervention would serve the public interest. (7) Any other information the commission may add or delete. (g) If any party opposes another person's application to be a party, the party may file objections for the record no later than ten days prior to the hearing. (h) All applications to be a party shall be acted upon as soon as practicable and shall be decided not later than the commencement of the contested case hearing. (i) A person whose petition to be admitted as a party has been denied may appeal that denial to the circuit court pursuant to section 91-14, Hawaii Revised Statutes. [Eff. MAY 27 1988] (Auth: HRS §§91-2, 174C-8) (Imp: HRS §§91-9, 91-9.5) §13-167-55 Mediation; prehearing conferences; exchange of exhibits; briefs. (a) After the parties to a contested case hearing have been determined, the commission may appoint a mediator in accordance with these rules to seek a solution to the dispute. (b) The presiding officer may hold, or cause to be held, pre-hearing conferences 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, limiting the number of witnesses, and such other matters as may expedite orderly conduct and disposition of the proceeding as permitted by law. (c) The presiding officer may request briefs setting forth the issues, facts and legal arguments upon which the UNOFFICIAL COMPILATION 167-24 parties intend to rely and the presiding officer may fix the conditions and time for the filing of briefs and the number of pages. 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. [Eff. MAY 27 1988] (Auth: HRS §§91-2, 174C-8) (Imp: HRS §91-9)