HAR §15-15-50.5. reclassification of conservation district lands

(f) Upon completion of the review pursuant to subsection (e), the executive officer shall determine whether the petition is a proper filing and is accepted for processing . The petition shall be deemed a proper filing if th~ items required in subsections (a), (b), (c), and (d) have been submitted. The petition may be deemed defective by the executive officer if any of the items required in subsections (a), (b), (c), or (d) have not been submitted . If the petition is deemed defective, the executive officer · shall notify the petitioner of the determination and the reasons for the determination. The petition may be deemed as a proper filing upon review of the additional information submitted and upon determination by the executive officer, and the date the petition will be deemed a proper filing will be the date the executive officer determines the defects have been ·cured. The executive officer will file a notice of proper filing and mail the notice to the petitioner, the State office of planning, the county planning agency, and to persons who have filed a notice of intent to intervene. The executive officer's determination is subject to review in accordance with section 15-15-41 . The provisions herein, however, are subject to the requirements of section 15-15-50(b) on petitions for boundary amendment of c9nservation district lands. (g) The petitioner has a continuing obligation to update the information submitted in the petition prior to and during the pendency of the hearing on the petition. [Eff 10/27/86; am 3/24/94; am and comp 8/16/97; a.mCfnd come 5/8/00; am and comp 11/2/2013; am and comp UI f 8 2019 ] (Auth: HRS §§205-1, 205-4, 205-7) (Imp: HRS §§91-2, 205-4) §15-15-50.5 Dismissal of petition for failure to provide additional information or correct defects. Where the executive officer, pursuant to section 15- 15-50(f), has determined that a petition is defective 15-50 3 3 51 I ,;1;;t4 §15-15-50.6 or nonconforming and the petitioner has not provided additional information or cured any defects within nine (9) months after the date of issu~nce of the notice that the petition is defective, the executive officer shall notify the petitioner in writing that the petition is dismissed for want of prosecution unless objections thereto, showing good cause with specific reasons, are filed within ten days after the date of such notification. If objections are not filed within said ten-day period, the executive officer shall file an order of dismissal with or without prejudice. If objections are filed within said ten-day period, the commission shall hear the objections upon notice and determine whether the petition should be dismissed. [Eff and comp 11/2/2013; comp OCT f 8 2019 ] (Auth: HRS §§205-1, 205-4, 205-7) §15-15-50.6 Withdrawal or amendment of petition. (a) The petitioner may withdraw or amend the petition without prejudice: (1) at any time before a petition for district boundary amendment is deemed a proper filing or, (2) any time after a petition for district boundary amendment has been deemed a proper filing but before it has been set for hearing; provided that if substantive amendments are made, the filing date for the petition shall be the date the amended petition is deemed a proper filing, and petitioner must send a notification of filing of the amended petition in conformance with the requirements of section 15-15-50(d). (b) If a petition for district boundary amendment has been set for hearing, the petition may be withdrawn only upon the commission's granting of a motion for withdrawal filed by the petitioner. In the event the commission grants a motion to withdraw, the petitioner may not refile the petition within one year after the granting of the motion for withdrawal. (c) If a petition for district boundary amendment has been set for hearing, the petition may 15-51 3 3 51 §15-15-50.6 be amended only in compliance with the requirements of sectionQl.5,.-15-43. [Eff and comp 11/2/2013; comp l I f 8 2019 ] (Auth: HRS §§205-1, 205-4, 205-7) SUBCHAPTER 7 AGENCY HEARING AND POST HEARING PROCEDURES §15-15-51 Notice of hearing for boundary amendment petitions. (a) Not less than sixty days and not more than one hundred eighty days after the proper filing of a petition for boundary amendment, a hearing shall be conducted by the commission or a hearings officer on the island in which the subject property is situated. (b) The notice of hearing shall be served on the office of planning, the planning commission and the planning department of the county in which the subject property is situated, the appropriate planning commission of the island on which the subject property is situated, all persons with a property interest in the subject property that is recorded in the county's real property tax records at the time the petition is submitted, all persons with an easement over, on, upon or through the subject property, and all persons who appear on the county tax map to have an interest in the subject property. In addition, notice of the hearing shall be mailed to all persons who have made a timely written request for advance notice of boundary amendment proceedings. (c) The notice of hearing for a boundary amendment shall be published at least once in the county in which the land sought to be redistricted is situated as well as once statewide at least thirty days in advance of the hearing. The notice of hearing shall also be filed with the lieutenant governor's office at least six calendar days before the hearing. (d) The notice of hearing of a boundary 15-52 13 3 51 'I ~ :, §15-15-51 amendment shall include: (1) The date, time, place, and nature of the hearing; (2) The legal authority under which the hearing is to be held; (3) The particular sections of the statutes and rules involved; (4) An explicit statement in plain language of the issues involved; (5) The fact that parties may retain an attorney if they so desire and the fact that an individual 'may appear on the individual's own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation, trust, or other legal entity may represent the corporation, trust, or other legal entity; (6) Where the map of the subject property or petition may be inspected; and (7) The rights of interested persons under section 205-4(e), HR~. · (e) The hearing may be continued or reopened by the commission when necessary, provided that notice is given pursuant to section 92-7, HRS, and the continued or re-opened hearing shall not extend beyond three hundred sixty-five days from the date the petition is deemed properly filed, unless an extension of time is requested by motion by any party, py stipulation, or by the commission on its own motion, so long as the commission votes affirmatively on the motion or stipulation by a two-thirds vote of the membership of the commission. The extension of time shall not exceed ninety days beyond ihree hundred sixty-five days from the date the petition. is deemed properly filed. [Effl0/27/86; am and comp 8/16/97; am and comp 5/£LQ0; am and comp 11/2/2013; comp UC I f 8 2019 ] (Auth: HRS §§205-1, 205-4, 205- 7) . (Imp: HRS §§1-28.5, 91-9, 92-7, 92-41, 205-4) 15-53 13 3 s 1 .~,m ( I §15-15-52 §15-15-52 Intervention in proceeding for district boundary amendments, except proceedings pursuant to chapter 201H, HRS. (a) The petitioner, the state office of planning, and the planning department of the county within which the subject land is situated shall appear in every case as parties, and make recommendations relative to the proposed boundary amendment. (b) Within thirty days of the date of the notification of petition filing pursuant to section 15-15-50(d), persons who intend to intervene may file a notice of intent to intervene with the commission. The notice of intent to intervene shall provide, but not be limited to, the following information: (1) The person's name and mailing address; and (2) The nature and extent of the person's interest in the petition. The notice of intent to intervene shall be served upon the petitioner, the state office of planning, and the respective county planning department. Upon receipt of a notice of intent to intervene, the petitioner shall serve- a copy of the petition filed with the chief clerk upon the potential intervenor. All persons who wish to formally intervene shall comply with subsections (e), (f), (g), and (h). (c) Persons who may intervene upon timely application include: (1) All departments and agencies of the State and of the county in which the land is situated; and (2) All persons who hav~ a property interest in , the land, 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. (d) All other persons may apply for leave to intervene, which shall be freely granted, provided the commission or its hearings officer may deny an application to intervene when, in the commission's, or hearings officer's discretion ~t appears that: 15-54 §15-15-52 (1) The position ·of the applicant for intervention is substantially the same as the position of a party already admitted to the proceeding; and (2) The admission of additional parties will render the proceedings inefficient and unmanageable. (e) In a boundary amendment proceedingi petitions to intervene and become a party shall be in conformity with subchapter 5 and filed with the commission. An original and one paper copy, plus one electronic copy, o~ the petition for intervention with proof of service on all parties shall be filed with the commission within fifteen calendar days after the notice of hearing is published pursuant to section 15- 15-Sl(c). Except for good cause shown, late filing shall not be permitted. The number and format ·of copies required under this section may be modified by order of the commission. (f) . Petitions for intervention shall make reference to the following: (1) Nature of the petitioner's statutory or other right; (2) Nature and extent of the petitioner's interest in the matter, and if an abutting property owner, the tax map key description of the pro,Perty; and (3) Effect of any dec~sion in the proceeding on the petitioner's interest. (g) Petitions for intervention pursuant to subsection (d) shall also make reference to the following: (1) Other meaps available whereby the petitioner's interest may be protected; (2) Extent the petitioner's interest will not be represented by or differs from that of existing parties; (3) Extent the petitioner's participation can assist in development of a complete record; (4) Extent the petitioner's participation will broaden the issues; and (5) How the petitioner's intervention would 15-55 3 3 51