HAR §15-15-93. Enforcement of conditions, representations, or commitments

(a) Any party or interested person may file a motion with the commission requesting an issuance of an order to show cause upon a showing that there has been a failure to perform a condition, representation, or commitment on the part of the petitioner. The party or person shall also serve a copy of the motion for an order to show cause upon any person bound by the condition, representation, or commitment. The motion for order to show cause shall state: (1) The interest of the movant; (2) The reasons for filing the motion; (3) A description and a map of the property affected by the condition; (4) The condition ordered by the commission which has not been performed or satisfied; (5) Concisely and with particularity the facts, supported by an affidavit, giving rise to a belief that a condition ordered by the commission has not been performed or satisfied; and (6) The specific relief requested. (b) Whenever the commission shall have reason to believe that there has been a failure to perform according to the conditions imposed, or the representations or commitments made by the petitioner, the commission shall issue and serve upon the party or person bound by the conditions, representations, or commitments, an order to show cause why the property should not revert to its former land use classification or be changed to a more appropriate classification. The commission shall serve the order to show cause in writing by registered or certified mail with return receipt requested at least thirty days before the hearing. A copy shall be also sent to all parties in the boundary amendment proceedings. The order to show cause shall include: (1) A statement of the date, time, place, and nature of the hearing; (2) A description and a map of the property to be affected; (3) A statement of the legal authority under which the hearing is to be held; (4) The specific sections of the statutes, or rules, or both, involved; and (5) A statement that any party may retain counsel if the party so desires. (c) The commission shall conduct a hearing on an order to show cause in accordance with the requirements of subchapter 7, where applicable. Any procedure in an order to show cause hearing may be modified or waived by stipulation of the parties and informal disposition may be made in any case by stipulation, agreed settlement, consent order, or default. - 49 - Hawai`i Administrative Rules Title 15, Chapter 15 - Unofficial (d) Post hearing procedures shall conform to subchapter 7 or subchapter 9. Decisions and orders shall be issued in accordance with subchapter 7 or subchapter 9. (e) The commission shall amend its decision and order to incorporate the order to show cause by including the reversion of the property to its former land use classification or to a more appropriate classification. [Eff 10/27/86; am and comp 8/16/97; comp May 08 2000] (Auth: HRS §§205-1, 205-7) (Imp: HRS §§91-2, 205-4, 205-12, 205-17)