Haw. Code R. § 13-167-83 - Request for mediation

(a) The commission may employ mediation on its own motion or on the written petition of any government agency or affected party. Mediation may be applied in contested case hearings after parties to the proceedings have been determined. Mediation may also be used prior to the initiation of formal proceedings upon the agreement of affected persons.

(b) The party or agency requesting mediation must file a written petition with the commission.

(c) A petition requesting mediation shall contain concise statements of:

(1) The legal authority under which the proceeding, hearing or action is to be held or made;

(2) The petitioner's interest that may be affected;

(3) The disagreement, denial, or grievance which the petitioner requests mediation thereof;

(4) The basic facts and issues raised; and

(5) The relief to which the party or petitioner seeks or deems itself entitled.

(d) The petition shall also make reference to the following:

(1) Nature of petitioner's statutory or other right;

(2) Nature and extent of the petitioner's interest, and if an abutting property owner, the tax map key description of the property;

(3) Effect of any decision of the commission on petitioner's interest;

(4) Other means available whereby petitioner's interest may be protected;

(5) Extent petitioner's interest may be represented by existing parties;

(6) Extent petitioner's interest in proceeding differs from that of the other parties; and

(7) Specifically identify any other person (s) who may or will be affected or impacted by the proposed relief which petitioners seek.

Notes

Haw. Code R. § 13-167-83

[Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS § 91-2)