§15-16-76  Application.  A person appealing from an action of the executive director in the administration of the Kakaako community development district plan or rules shall submit a written petition to the authority setting forth:
 (1) Appellent's name, mailing address, and telephone number;
 (2) Identification of the property and the petitioner's interest therein;
 (3) Designation of the specific applicable provision of the plan or rules;
 (4) The action of the executive director that is being appealed;
 (5) All pertinent facts; and
 (6) Reasons for the appeal, including a statement as to why the applicant believes that the executive director's action was based on an erroneous finding of a material fact, or that the executive director acted in an arbitrary or capricious manner, or that the executive director manifestly abused his/her discretion.  [Eff 1/21/83/ comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-77  Appeal deadline.  The authority shall not entertain a petition appealing an action of the executive director unless a written petition is received within thirty calendar days from the date of receipt of the written decision of the executive director.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-78  Executive director's action.  (a)  Within ten days after receipt of an appeal petition, the executive director shall forward a copy of the petition to the department of the attorney general and request appointment of a deputy to defend the executive director.  The executive director shall also forward copies of the petition to the authority.
 (b) The deputy attorney general representing the executive director shall prepare a reply to the charges made by appellant's petition, and copies thereof shall be mailed to the authority and to the appellant.  As soon as this has been accomplished, but no later than forty-five days from receipt of the petition, the executive director shall place the matter on the agenda of the authority for a meeting date agreeable to both the appellant and the deputy attorney general representing the executive director.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-79  Hearing.  (a)  A public hearing notice shall be published, and hearing requirements of sec. 15-16-55 shall be satisfied.
 (b) At the public hearing, both sides shall be entitled to call witnesses, to cross-examine, and to make legal arguments.  The public hearing shall afford the appellant and all other interested persons a reasonable opportunity to be heard and to present evidence and argument either for or against the appeal.  The hearing shall be conducted in conformity with the applicable provisions of sections 91-9, 91-10, and 91-11, Hawaii Revised Statutes.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-80  Consultation by authority members prohibited.  No authority member shall consult any person on any issue of fact regarding the appeal except upon notice and opportunity for all parties to participate.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 91-13, 206E-4) (Imp:  HRS §§91-2, 91-13, 206E-4)
 

 §15-16-81  Decision.  An appeal shall be sustained only if the authority finds that the executive director's action was based on an erroneous finding of a material fact, or that the executive director had acted in an arbitrary or capricious manner or had manifestly abused his/her discretion.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-82  Order.  (a)  The authority shall require the prevailing party to draft an order embodying the authority's decision and order, including findings of fact and conclusions of law, following the normal format for such authority documents.  The other party shall review the draft order for approval as to form, and be allowed to present exceptions thereto and oral argument in support of said exceptions, and the authority shall then consider and adopt the appropriate Decision and Order including Findings of Fact and Conclusions of Law.
 (b) Following the authority's adoption of the order, the executive director shall promptly send a copy of the order by certified mail to the appellant.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)