Haw. Code R. § 15-15-52 - Intervention in proceeding for district boundary amendments, except proceedings pursuant to chapter 201H, HRS

(a) The petitioner, the state office of planning, and the planning department of the county within which the subject land is situated shall appear in every case as parties, and make recommendations relative to the proposed boundary amendment.

(b) Within thirty days of the date of the notification of petition filing pursuant to section 15-15-50(d), persons who intend to intervene may file a notice of intent to intervene with the commission. The notice of intent to intervene shall provide, but not be limited to, the following information:

(1) The person's name and mailing address; and

(2) The nature and extent of the person's interest in the petition.

The notice of intent to intervene shall be served upon the petitioner, the state office of planning, and the respective county planning department. Upon receipt of a notice of intent to intervene, the petitioner shall serve a copy of the petition filed with the chief clerk upon the potential intervenor. All persons who wish to formally intervene shall comply with subsections (e), (f), (g), and (h).

(c) Persons who may intervene upon timely application include:

(1) All departments and agencies of the State and of the county in which the land is situated; and

(2) All persons who have a property interest in the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public.

(d) All other persons may apply for leave to intervene, which shall be freely granted, provided the commission or its hearings officer may deny an application to intervene when, in the commission's, or hearings officer's discretion it appears that:

(1) The position of the applicant for intervention is substantially the same as the position of a party already admitted to the proceeding; and

(2) The admission of additional parties will render the proceedings inefficient and unmanageable.

(e) In a boundary amendment proceeding, petitions to intervene and become a party shall be in conformity with subchapter 5 and filed with the commission. An original and one paper copy, plus one electronic copy, of the petition for intervention with proof of service on all parties shall be filed with the commission within fifteen calendar days after the notice of hearing is published pursuant to section 15-15-51(c). Except for good cause shown, late filing shall not be permitted. The number and format of copies required under this section may be modified by order of the commission.

(f) Petitions for intervention shall make reference to the following:

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

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

(3) Effect of any decision in the proceeding on the petitioner's interest.

(g) Petitions for intervention pursuant to subsection (d) shall also make reference to the following:

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

(2) Extent the petitioner's interest will not be represented by or differs from that of existing parties;

(3) Extent the petitioner's participation can assist in development of a complete record;

(4) Extent the petitioner's participation will broaden the issues; and

(5) How the petitioner's intervention would serve the public interest.

(h) Petitions for intervention shall be accompanied by a filing fee as provided for in section 15-15-45.1. The fee shall not apply to state and county agencies.

(i) If any party opposes the petition for intervention, the party shall file a pleading in opposition within seven days after being served.

(j) All petitions to intervene shall be heard prior to the scheduled hearing.

(k) A person whose petition to intervene has been denied may appeal the denial to the circuit court pursuant to section 91-14, HRS.

Notes

Haw. Code R. § 15-15-52

[Eff 10/27/86; am and comp 8/16/97; am and comp MAY 08 2000] (Auth: HRS §§ 205-1, 205-4, 205-7, SLH 1995, Act 235, §2) (Imp: HRS § 205-4, SLH 1995, Act 235, §1) Am and comp 11/2/2013; comp 10/18/2019