§15-16-66  Types of reconsideration.  The authority may reconsider its own action in approving or denying a variance application as follows:
 (1) The authority may entertain a request for reconsideration of a decision and order if a written petition is received within thirty calendar days from the date the decision and order was received by the applicant.
 (2) The authority may reconsider a decision and order at any time if it has reason to believe that the findings of material fact in a case may have changed to the extent that they would no longer support its findings or if the executive director reports to them that an applicant has not complied with the conditions attached to a variance decision and order.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-67  Petition.  A written petition for reconsideration shall include new supporting evidence or new justification for the action sought by the petitioner which was not included in the record on which the authority made its decision.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-68  Executive director's action.  (a)  The receipt of the petition shall be in writing and the petitioner shall be informed whether the petition was received within the prescribed thirty days and will be transmitted to the authority, or whether it was not received within the required period and will not be transmitted to the authority.
 (b) Other persons interested in the case, shall also be informed of the petition and notified that they may submit written testimony concerning the petition within ten calendar days.
 (c) Within thirty days of receipt of a petition, the executive director shall transmit the request to the authority for action together with copies of the authority decision and order, appropriate minutes, written testimony from persons interested in the case if any, and a review of the record to determine whether in the executive director's opinion the evidence or justification furnished is already in the record, and without any recommendations of action.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-69  Authority action.  Upon receiving the petition and associated papers from the executive director, the authority shall examine the documents and determine whether the petition appears to include new evidence or justification.  If new evidence or justification is apparent, the authority shall place the case on the agenda for its next meeting; if not, the authority shall ask the executive director to inform the petitioner of its findings and that the petition is denied.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, p:6E-4)
 

 §15-16-70  Reconsideration.  Upon granting a request for reconsideration, the matter shall be deemed reopened for the limited purpose of hearing evidence and justifications as set forth in the request for reconsideration.  The petitioner shall be notified by certified mail of the time and place that the reconsideration is scheduled.  Interested persons shall be notified by first class mail.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-71  Changed conditions or non-compliance.  (a)  At the authority's request, or the executive director's own initiative, the executive director shall prepare a report regarding any variance in force when there is reason to believe that there has been a change of the conditions of material fact on which the variance decision and order were based, or that conditions attached to a variance approval have not been complied with.  Copies of the report shall be sent to the authority, and the matter shall be placed on the authority's meeting agenda.
 (b) In the same manner and at the same time it examines a reconsideration petition for new evidence or justification, the authority will examine the executive director's report and decide whether the evidence presented warrants reconsideration of its decision and order.  If so, a new public hearing on the case will be noticed following the same procedure as set forth in §15-16-55.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)