Public hearing for decision-making; separate hearings required; contested case hearing; judicial review
HRS §206E-5.6
in effect206E-5.6. Public hearing for decision-making; separate hearings required; contested case hearing; judicial review
(a) When rendering a decision regarding:
(1) An amendment to any of the authority's community
development rules established pursuant to chapter 91 and section 206E‑7; or
(2) The acceptance of a developer's proposal to
develop lands under the authority's control,
the authority shall render its decision at a public
hearing separate from the hearing that the proposal under paragraph (1) or (2)
was presented.
(b) The authority shall issue a public notice
in accordance with section 1‑28.5 and post the notice on its website; provided
that the decision-making hearing shall not occur earlier than five business
days after the notice is posted. Public notice issued pursuant to this
subsection for public hearings on the acceptance of a developer's proposal to
develop lands under the authority's control shall state that any written motion
to intervene as a formal party to the proceeding shall be received within
twenty days after the publication date of the public notice.
(c) Prior to rendering a decision, the
authority shall provide the general public with the opportunity to testify at
its decision-making hearing; provided that members of the public who are not
intervenors in the proceeding shall not be considered formal parties to the
proceeding.
(d) The authority shall notify the president
of the senate and speaker of the house:
(1) Of any public hearing upon posting of the hearing
notice; and
(2) With a report detailing the public's reaction at
the public hearing, within one week after the hearing.
(e) When considering any developer's proposal
to develop lands under the authority's control that includes any request for a
variance, exemption, or modification of a community development plan or of the
authority's community development rules, the authority shall consider the
request for variance, exemption, or modification at a public hearing, noticed
in accordance with section 1-28.5, separate from and subsequent to the hearing
at which the developer's proposal was presented; provided that the authority
may consider all requests applicable to a single proposal at the same public
hearing. The authority's decision on requests subject to this subsection shall
be rendered at the decision-making hearing on the developer's proposal.
(f) No final decision of the authority on a
developer's proposal shall be issued until after all proceedings required by
this section are finally concluded.
(g) Proceedings regarding the acceptance of a
developer's proposal to develop lands under the authority's control shall be
considered a contested case hearing.
(h) Any party aggrieved by a final decision of
the authority regarding the acceptance of a developer's proposal to develop
lands under the authority's control may seek judicial review of the decision
within thirty days. Chapter 91 shall apply to the judicial review except where
chapter 91 conflicts with this chapter, in which case this chapter shall
apply. Any other law to the contrary notwithstanding, including chapter 91,
any contested case under this chapter shall be appealed from a final decision
and order or a preliminary ruling that is of the nature defined by section
91-14(a) upon the record directly to the supreme court for final decision.
Only a person aggrieved in a contested case proceeding provided for in this
chapter may appeal from the final decision and order or preliminary ruling.
For the purposes of this section, the term "person aggrieved"
includes an agency that is a party to a contested case proceeding before that
agency or another agency.
(i) The court shall give priority to contested
case appeals of significant statewide importance over all other civil or
administrative appeals or matters and shall decide these appeals as
expeditiously as possible.
(j) The authority shall not approve any
developer's proposal to develop lands under the authority's control unless the
authority finds that the proposed development project is reasonable and is
consistent with the development rules and policies of the relevant development
district. In making its finding pursuant to this subsection, the authority shall
consider:
(1) The extent to which the proposed project:
(A) Advances the goals, policies, and
objectives of the applicable district plan;
(B) Protects, preserves, or enhances
desirable neighborhood characteristics through compliance with the standards
and guidelines of the applicable district rules;
(C) Avoids a substantially adverse effect on
surrounding land uses through compatibility with the existing and planned land
use character of the surrounding area; and
(D) Provides housing opportunities for all
income groups, particularly low, moderate, and other qualified income groups;
(2) The impact of the proposed project on the
following areas of urban design, as applicable:
(A) Pedestrian oriented development,
including complete streets design;
(B) Transit oriented development, including
rail, bus, and other modes of rapid transit; and
(C) Community amenities such as gathering
places, community centers, culture and arts facilities, and the full array of
public facilities normally provided by the public sector;
(3) The impact of the proposed project on the
following areas of state concern:
(A) Preservation of important natural systems
or habitats;
(B) Maintenance of valued cultural,
historical, or natural resources;
(C) Maintenance of other resources relevant
to the State's economy;
(D) Commitment of state funds and resources;
(E) Employment opportunities and economic
development; and
(F) Maintenance and improvement of the
quality of educational programs and services provided by schools;
(4) The representations and commitments made by the
developer in the permit application process.
[L 2006, c 251, pt of §1; am L
2014, c 61, §6; am L 2016, c 48, §§8, 14; am L 2017, c 12, §76 and c 99, §1; am
L 2019, c 213, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0206E/HRS_0206E-0005_0006.htmFetched: 11/10/2026