HAR §13-222-26. Appeal of shoreline certification

(a) Upon timely application, the following persons or agencies may have standing to appeal: (1) The property owner who requested the shoreline certification. (2) All government agencies whose jurisdiction includes the land in question. (3) All persons or agencies who have some property interest in the land, who lawfully reside on the land, who are adjacent property owners, or who can otherwise demonstrate that they will be so directly and immediately affected by the proposed shoreline certification or denial, that their interest is clearly distinguishable from that of the general public. (4) Other persons or agencies who can show a substantial interest in the matter; provided that the board or chairperson may grant standing only if the person's or agency's participation will substantially assist the board or chairperson in its decision making. (b) The board or chairperson, as provided by law, may deny standing to appeal when it appears that: (1) The position of the appellant is substantially the same as the position of a person or agency already permitted to appeal; and (2) The admission of additional persons or agencies will not substantially add new information or the addition will render the proceedings inefficient or unmanageable. (c) Any person or agency wishing to appeal shall file a notice of appeal in writing with the department no later than 20 calendar days from the date of the public notice of the proposed shoreline certification or rejection. 222-18 (d) The notice of appeal shall state the legal and factual basis for the appeal. (e) Upon determination that a person or agency has standing to appeal, the chairperson by written order shall set forth the schedule for the briefs and requirements for the briefs. (f) The sole issue on appeal shall be whether the proposed shoreline certification or rejection was proper. (g) Upon the receipt of all briefs, the board or chairperson shall act on any appeal within 60 calendar days. If the board or chairperson fails to act on any appeal within 60 calendar days of the receipt of all briefs, the appeal shall be deemed denied. The department may enlarge or shorten this deadline by written order signed by the chairperson." [Eff 12/10/88; am and comp MAR 29 2003 ] (Auth: HRS §§205A-42, 205A-49) (Imp: HRS §205A-42) 222-19 DEPARTMENT OF LAND AND NATURAL RESOURCES Amendments to chapter 13-5, Hawaii Administrative Rules were adopted on December 13, 2002, following public hearings held on September 26, 2002, and October 1, 2, and 3, 2002 after public notice was given in the Honolulu Star Bulletin, Hawaii Tribune-Herald, West Hawaii Today, The Maui News, and The Garden Island on August 15, 19, and 26, 2002. These amendments shall take effect ten days after filing with the Office of the Lieutenant Governor. /S/_______________________ _ PETER T. YOUNG, Chairperson Board of Land and Natural Resources /S/______________________ LINDA LINGLE Governor State of Hawaii Dated: 03/18/03 Filed APPROVED AS TO FORM: /S/ Yvonne Izu Deputy Attorney General