Haw. Code R. § 15-15-51 - Notice of hearing for boundary amendment petitions
(a)
Not less than sixty days and not more than one hundred eighty days after the
proper filing of a petition for boundary amendment, a hearing shall be
conducted by the commission or a hearings officer on the island in which the
subject property is situated.
(b)
The notice of hearing shall be served on the office of planning, the planning
commission and the planning department of the county in which the subject
property is situated, the appropriate planning commission of the island on
which the subject property is situated, all persons with a property interest in
the subject property that is recorded in the county's real property tax records
at the time the petition is submitted, all persons with an easement over, on,
upon or through the subject property, and all persons who appear on the county
tax map to have an interest in the subject property. In addition, notice of the
hearing shall be mailed to all persons who have made a timely written request
for advance notice of boundary amendment proceedings.
(c) The notice of hearing for a boundary
amendment shall be published at least once in the county in which the land
sought to be redistricted is situated as well as once statewide at least thirty
days in advance of the hearing. The notice of hearing, shall also be filed
with the lieutenant governor's office at least six calendar days before the
hearing.
(d) The notice of hearing
of a boundary amendment shall include:
(1)
The date, time, place, and nature of the hearing;
(2) The legal authority under which the
hearing is to be held;
(3) The
particular sections of the statutes and rules involved;
(4) An explicit statement in plain language
of the issues involved;
(5) The
fact that parties may retain an attorney if they so desire and the fact that an
individual may appear on the individual's own behalf, or a member of a
partnership may represent the partnership, or an officer or authorized employee
of a corporation, trust, or other legal entity may represent the corporation,
trust, or other legal entity;
(6)
Where the map of the subject property or petition may be inspected;
and
(7) The rights of interested
persons under section
205-4(e),
HRS.
(e) The hearing may
be continued or reopened by the commission when necessary, provided that notice
is given pursuant to section
92-7, HRS, and the
continued or re-opened hearing shall not extend beyond three hundred sixty-five
days from the date the petition is deemed properly filed, unless an extension
of time is requested by motion by any party, by stipulation, or by the
commission on its own motion, so long as the commission votes affirmatively on
the motion or stipulation by a two-thirds vote of the membership of the
commission. The extension of time shall not exceed ninety days beyond three
hundred sixty-five days from the date the petition is deemed properly
filed.
Notes
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