HAR §11-200.1-28. authority, including properly identifying comments as substantive and responding in a way commensurate to the comment, and have been appropriately incorporated into the final EIS

(c) The proposing agency, applicant, or accepting authority may request the office to make a recommendation regarding the acceptability or non-acceptability of the EIS. If the office decides to make a recommendation, it shall submit the recommendation to the proposing agency, applicant, and accepting authority, as applicable. For applicant actions, the office shall submit the recommendation to the applicant and the accepting authority within the period for the accepting authority to determine the acceptability of the final EIS. (d) The accepting authority shall take prompt measures to determine the acceptability or non-acceptability of the proposing agency's EIS. (e) Upon acceptance or non-acceptance of the EIS: (1) For agency actions, a notice shall be filed by the accepting authority with both the proposing agency and the office. For any non-accepted EIS, the notice shall contain specific findings and reasons for non-acceptance. The office shall publish notice of the determination of acceptance or non-acceptance in the periodic bulletin in accordance with subchapter 4. Acceptance of a required statement shall be a condition precedent to the use of state or county lands or funds in implementing the proposed action. (2) For applicant actions, the accepting authority shall: (A) Notify the applicant of its determination, and provide specific findings and reasons. The accepting authority shall also provide a copy of this determination to the office for publication in the periodic bulletin. Acceptance of the required EIS shall be a condition precedent to approval of the request and commencement of the proposed action. (B) Notify the applicant and the office of the acceptance or non-acceptance of the final EIS within thirty days of the final EIS submission to the agency; provided that the thirty-day period may, at the request of the applicant, be extended for a period not 200.1-46 13336