HAR §13-5-34. with this subsection shall not invalidate any departmental permit issued under this chapter

(g) The permit applicant or any person who has some property interest in the land, who lawfully resides on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the use that their interest is so clearly distinguishable from that of the general public may appeal the chairperson's decision by filing a written appeal to the department not later than fourteen days after the date of the department's determination of the departmental permit. The written appeal shall provide all relevant information and shall state with specificity the reasons for the appeal. (h) Where the appellant under subsection (g) sets forth facts or law, or both, showing that the chairperson's decision is arbitrary and capricious, the board may affirm, amend, or reverse the decision of the chairperson, or order a contested case hearing or other procedure to be conducted prior to the board's decision on the appeal. All contested case hearings or other proceedings so ordered by the board shall be conducted in accordance with chapter 13-1. (i) Except as provided in subsection (h), no contested case hearings shall be provided for departmental permits. (j) A board permit shall be required when the chairperson determines that the scope of the proposed use or the public interest requires a board permit. [Eff 12/12/94; am and comp DEC - 5 2011] (Auth: HRS §183C-3) (Imp: HRS §§183C-3, 183C-6)