NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN that pursuant to chapter 91, Hawai`i Revised Statutes (“HRS”), and sections 15-15-51 and 15-15-93, Hawai`i Administrative Rules (“HAR”), the Land Use Commission (“Commission”) will conduct hearings on Orders to Show Cause as to why certain lands described below should not revert to its former agricultural land use classification, or be changed to a more appropriate classification based on the Commission’s belief that there has been a failure to perform according to the conditions imposed or to the representations or commitments made to the Commission in obtaining the reclassification of the following Petition Areas.
DATE, TIME AND PLACE:
May 22, 2019 – Proceedings will begin at 9:30 a.m. with the hearing on the first docket. Upon conclusion of this hearing, the hearing of the second docket will commence.
Natural Energy Laboratory Hawai`i Authority (NELHA)
73-970 Makako Bay Drive Kailua Kona, Hawai`i 96740-2637
Hale `Iako Training Room #119
and Petitioner: A02-737 U of N BENCORP, (Hawai`i)
Tax Map Keys: (3) 7-5- 010: 085 and (3) 7-5-017: 006
and Petitioner: A06-770 THE SHOPOFF GROUP, L.P. (Hawai`i)
Tax Map Keys: (3) 7-3-007: 038, 039 and (3) 7-3-009: 007
Maps showing the areas of each Petition Area; the Orders to Show Cause; the Commission’s Findings of Fact, Conclusions of Law, and Decision and Orders for the respective dockets; and copies of the Commission’s rules governing the above matter may be inspected at the offices of the County of Hawai`i, Planning Department, 101 Pauahi Street, Suite 3, Hilo, Hawai`i, 96720, and the Commission, Room 406, Leiopapa A Kamehameha Building, 235 S. Beretania Street, Honolulu, Hawai`i, 96813, during the office hours of 7:45 a.m. to 4:30 p.m., Monday through Friday.
All persons who have a property interest in the lands, or who otherwise can demonstrate that they will be so directly and immediately affected by the above matters that their interest in the proceeding is clearly distinguishable from that of the general public may be admitted as parties upon timely application for intervention.
All other persons may apply to the Commission for leave to intervene as parties. Leave to intervene shall be freely granted, provided that the Commission or its hearings officer, if one is appointed, may deny an application to intervene when in the Commission’s or hearings officer’s sound discretion it appears that: (1) the position of the applicant for intervention concerning the above matters are 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. A person whose application to intervene is denied may appeal such denial to the circuit court pursuant to section 91-14, HRS.
Petitions to intervene shall be in conformity with section 15-15-53, HAR. The petition for intervention with proof of service on all parties shall be filed with the Commission within fifteen (15) days after the publication of this notice.
All persons or individuals wishing to present testimony, orally or in writing, are requested to notify the Commission prior to the commencement of the hearings. Together with other witnesses that the Commission may desire to hear at the hearings, a representative of a citizen or a community group wishing to express the views of such citizen or community group concerning the above matters is requested to notify the Commission prior to the commencement of the hearings and may be requested to submit written evidence of authorization to represent the citizen or community group. It is suggested that such notification be submitted to the Commission by April 23, 2019.
Any party to the proceeding may be represented by legal counsel. 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.
For persons requesting special accommodations due to disabilities, please contact the Commission at (808) 587-3822 or notify the Commission in writing at P. O. Box 2359, Honolulu, Hawai`i, 96804-2359, at least 10 days before the scheduled meeting.
LAND USE COMMISSION
JONATHAN LIKEKE SCHEUER, Chairperson
By DANIEL E. ORODENKER, Executive Officer