Haw. Code R. § 13-300-55 - Appeals panel

(a) Upon the grant of a petition to appeal a council determination, the appeals panel shall conduct the contested case hearing in accordance with this subchapter, and chapter 91, HRS, and whenever possible on the island from which the appeal is being taken.

(b) The appeals panel shall give due consideration to the determination of the council.

(c) The presiding officer shall select three members of the board of land and natural resources and three council chairpersons to serve on the appeals panel. Whenever possible, the board of land and natural resources member and the council chairperson representing the island from which the appeal is being taken, shall be selected to serve on the appeals panel.

(d) The presiding officer may consult with legal counsel from the attorney general's office on legal matters related to the contested case hearing.

(e) The presiding officer shall vote only in the event of a tie.

Notes

Haw. Code R. § 13-300-55

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