Hearing and appeal procedures

A. Within fifteen days after receiving a written notice, the applicant affected or the owner of the land development activity generating traffic may challenge the department of finance fee determination and request a hearing from the Maui planning commission. After receiving a written request, the Maui planning commission shall schedule a hearing and provide the affected building permittee or owner with advanced written notice, by certified mail, of the time and place of the hearing. The applicant or landowner challenging the fee may provide the Maui planning commission with an independent traffic study. If the building permittee requesting the hearing is not the owner of the land development activity, notice of the hearing shall also be provided to the owner. The Maui planning commission shall conduct the hearing according to its rules of practice and procedure and other applicable rules. The hearings shall be governed under chapters 91 and 92, HRS. B. The hearing shall be designed to obtain all information and evidence relevant to the impact fee assessed and the dispute concerning it. After the hearing, the Maui planning commission shall make a determination in writing stating the reasons for the decision regarding any matters in dispute. A copy of the written determination shall be sent by certified mail, return receipt requested to the applicant affected, the present owner, and the director of finance. (Ord. 3434 § 1 (part), 2007)