Haw. Code R. § 13-300-54 - Parties

(a) The following persons shall be admitted as a party:

(1) The applicant;

(2) The landowner;

(3) Any person who has been recognized by the department as a known lineal descendant to the Native Hawaiian skeletal remains; or

(4) Any person who can show a substantial interest in the matter that is affected by the council determination, or by the outcome of the decision of the appeals panel.

(b) The presiding officer may deny an application to be a party when it appears that:

(1) The position of the petitioner requesting participation is substantially the same as the position of a party already admitted to the contested case; or

(2) The admission of the additional party will not add substantially new information, or the addition will render the proceedings inefficient and unmanageable.

(c) All persons with similar interests seeking to be admitted as parties shall be considered at the same time so far as possible.

(d) Where a contested case hearing has been scheduled, any other interested person who qualifies to be a party under subsection (a) may apply to participate, in accordance with this subchapter, by filing a written application with the department not less than twenty days prior to the beginning of the contested case hearing or at an earlier date established by the presiding officer. Except for good cause shown, late filings shall not be permitted.

(e) The application to intervene as a party shall contain the statements otherwise stated in section 13-300-52(b). In addition, the intervenor shall also address:

(1) Whether there are other means available whereby the intervener's interest may be protected;

(2) The extent the intervener's interest may be represented by existing parties;

(3) The extent the intervener's interest in the proceedings differs from that of the existing parties;

(4) The extent the intervener's participation can assist in development of a complete record;

(5) The extent the intervener's participation will broaden the issues or delay the proceeding; and

(6) How the intervener's intervention would serve the public interest.

(f) If any party opposes the intervener's application to be a party, the party may file objections for the record no less than fifteen days prior to the beginning of the contested case hearing.

(g) All applications to intervene shall be acted upon as soon as practicable, and shall be decided not later than the commencement of the contested case hearing.

(h) A person whose application to be admitted as an intervenor has been denied, may appeal that denial to the circuit court pursuant to section 91-14, HRS.

Notes

Haw. Code R. § 13-300-54

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-43, 91-9, 91-9.5, 91-14)