When Banner Applications Can Be Denied and How to Appeal

(a) No application shall be approved by the director: (1) Except upon a finding by the director that the banner display during the festival will promote the public interest by fostering ethnic traditions, customs, historical or cultural events, athletic competition or the development of tourism; provided that such a finding shall not be required of a banner display on convention center zone streets for a public event at the Hawaii Convention Center; (2) If the director believes that the public health, safety, or welfare will be impaired at any time during the banner display; or (3) If the community organization or the Hawaii Convention Center or the Hawaii Visitors Convention Bureau fails or refuses to comply with this article or any other applicable statute, ordinance, or rule. (b) Written notice of the approval or denial of an application shall be provided to the applicant as soon as practicable. If the application is denied, the written notice shall state the reasons for denial. (c) Any person aggrieved by the decision of the director to grant or deny an application may appeal the decision of the director, and the appeal shall be set for hearing in accordance with rules adopted by the director for such hearings. Notice of the hearing and the conduct of the hearing shall comply with HRS Chapter 91 (Administrative Procedure Act). )