Heads UP – Rules set by BLNR re: Oral Arguments; TMT Permitting (?)

MINUTE ORDER 103 ORDER REGARDING FILING EXCEPTIONS TO HEARING OFFICER’S RECOMMENDATIONS AND SETTING ORAL ARGUMENT ON EXCEPTIONS:

“Parties to the contested case may file exceptions to the recommendations no later than Monday August 21, 2017 at 4:00 p.m. The exceptions shall: (1) set forth specifically the questions of procedure, fact, law, or policy, to which exceptions are taken; (2) identify that part of the recommendations to which objections are made; and (3) state all grounds for exceptions to a ruling, finding, conclusion, or recommendation. The grounds not cited or specifically urged are waived.

Responsive briefs to exceptions may be filed no Monday September 11, 2017 4:00 p.m. The responsive briefs shall: (1) answer specifically the points of procedure, fact, law, or policy to which exceptions were taken; and (2) state the facts and reasons why the recommendations should be affirmed.

Exceptions and response briefs shall be filed with the Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Room 131, 1151 Punchbowl Street, Honolulu, Hawai’i, 96813 and must be served on all parties to the contested case. A digital copy of submittals shall be emailed to dlnr.maunakea@hawaii.gov.

The Board will entertain oral arguments on Wednesday 20, 2017, commencing 9:00 a.m. the Naniloa Hotel Crown Room, 93 Banyan Drive, Hilo, Hawai’i, 96720.

Each party to the case shall have fifteen minutes to present oral arguments before the Board. Time may not be assigned from one party to another. The Board may elect to ask questions of any party once they have completed argument; this time will not count towards the fifteen-minute total.

Applicant (1) University of Hawai’i at Hilo and Intervenors (2) TMT International Observatory, LLC and (3) Perpetuating Unique Educational Opportunities, Inc. shall present first.

Petitioners (1) Mauna Kea Anaina Hou and Kealoha Pisciotta, (2) Clarence Kukauakahi Ching, (3) the Flores-Case ‘Ohana, (4) Paul Neves, (5) Deborah J. Ward, (6) KAHEA: The Hawaiian Environmental Alliance, and Opposing Intervenors (7) Mehana Kihoi, (8) Chase Michael Kaho‘okahi Kanuha, (9) Harry Fergerstrom, (10) Joseph Kuali‘i Camara, (11) Jennifer Leina’ala Sleightholm, (12) Cindy Freitas, (13) William Freitas, (14) The Temple of Lono, (15) Kalikolehua Kanaele, (16) Stephanie-Malia:Tabbada, (17) Tiffnie Kakalia, (18) Glen Kila, (19) Dwight Vicente, and (20) Brannon Kamahana Kealoha shall present after the applicant and intervenors.

Parties may elect to reserve time from their allotted fifteen minutes for rebuttal argument. Rebuttal arguments will take place once all parties have completed their initial arguments.

There is significant public interest in this contested case and seating on the day of oral argument will be limited. Crown Room seating for members of the public shall be on a first come, first served basis. The public is asked to line up outside the Crown Room on the day of the hearing. Doors will open to the public at 8:30 a.m. Any member of the public entering the Crown Room prior to 8:30 a.m. will be asked to exit and stand in line. There will be no reserving of seats. The parties and Hearing Officer’s witnesses may enter the Crown Room at any time, however, you are asked to arrive by 8:15 a.m. in order to ensure that you have a seat. Signs, posters, and other displays will not be allowed in the Crown Room or on the hotel premises. No food shall be allowed inside the Crown Room. [Free speech DENIED!]

Members of the media should refer to Minute Order No. 10 filed on June 6, 2016. The media coordinator for the Board is Dan Dennison (808) 587-0407 or dan.w.dennison @hawaii.gov.”

Read entire order here on google docs.

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