HAR §13-1-29. Request for hearing

(a) On its own motion, the board may hold a contested case hearing. Others must both request a contested case and petition the board to hold a contested case hearing. An oral or written request for a contested case hearing must be made to the board no later than the close of the board meeting at which the subject matter of the request is scheduled for board disposition. An agency or person so requesting a contested case must also file (or mail a postmarked) written petition with the board for a contested case no later than ten calendar days after the close of the board meeting at which the matter was scheduled for disposition. For good cause, the time for making the oral or written request or submitting a written petition or both may be waived. (b) Except as otherwise provided in section 13- 1-31.1, the formal written petition for a contested 1-24 case hearing shall contain concise statements of: (1) The nature and extent of the requestor’s interest that may be affected by board action on the subject matter that entitles the requestor to participate in a contested case; (2) The disagreement, if any, the requestor has with an application before the board; (3) The relief the requestor seeks or to which the requestor deems itself entitled; (4) How the requestor’s participation would serve the public interest; and (5) Any other information that may assist the board in determining whether the requestor meets the criteria to be a party pursuant to section 13-1-31. [Eff 9/7/82; am and comp 2/27/09] (Auth: HRS §91-2) (Imp: HRS §91- 9) §13-1-29.1 Determination of entitlement to a contested case hearing. The board without a hearing may deny a request or petition or both for a contested case when it is clear as a matter of law that the request concerns a subject that is not within the adjudicatory jurisdiction of the board or when it is clear as a matter of law that the petitioner does not have a legal right, duty, or privilege entitling one to a contested case proceeding. [Eff and comp 2/27/09] (Auth: HRS §91-2) (Imp: HRS §91-9)