This document announces that the original hearing officer, Rosemary Fazio, has withdrawn from the case regarding a contested case hearing on a conservation permit for the Advanced Technology Solar Telescope project. It appoints a new hearing officer, Lane Ishida, and allows parties to object to the appointment by May 10. It includes Rosemary Fazio's letter withdrawing due to a potential conflict of interest from previous unrelated representation.

1. BOARD OF LAND AND NATURAL RESOURCE
,ATJN
2
STATE OF HAWAII
Z012 A1 D j: 59
In re Petition Requesting a Contested Case ) DLNR File No. MA-114 .,.
Hearing Re Conservation District Use )
Permit(CDUP) MA-3542 for the Advanced ) MINUTE ORDER NO. 2O- ORDER
Technology Solar Telescope at the Haleakala ) APPOINTING NEW HEARING OFFICER;
High Altitude Observatories Site on Puu ) EXHIBIT A; CERTIFICATE OF SERVICE
Kolekole, Makawao, Maui )
)
TMK (2) 2-2-007:008 )
)
)
MINUTE ORDER No. 20
ORDER APPOINTING NEW HEARING OFFICER
Rosemary T. Fazio, Esq. has withdrawn as the hearing officer in the above-
captioned case (Exhibit A).
The Chairperson of the Board of Land and Natural Resources, having been
delegated the task of selecting and appointing the hearing officer, hereby appoints Lane
Ishida as the contested case hearing officer in this case. Any comments or objections to
the appointment of Lane Ishida shall be filed no later than Thursday, May 10, 2012, 4:00
p.m., at the DLNE. Administrative Proceedings Office, 1151 Punchbowl Street, Room
130, Honolulu, Hawaii 96813.
SO ORDERED this 2_ day of May, 2012.
/1494z
William J. Aila, Jr.
Chairperson
Board of Land and Natural Resources

2. Ashford &Wriston
A LIMITED LIABILITY LAW PARTNERSHIP LLP
ROSEMARY T. FAZIO
A Law Corporation
Direct: (808) 539-0415
rfaziolawIaw.corn
May 1, 2012
William J. Aila, Jr., Chairperson
Board of Land and Natural Resources
State of Hawaii
P.O. Box 621
Honolulu, HI 96809
Re: Conservation District Use Permit (CDUP) MA-3542
Dear Mr. Aila:
Receipt is acknowledged of a copy of Kilakila 0 Haleakala’s objection to my serving as
the hearing officer based upon my representation of Dr. Greenwood in matters largely unrelated
to the University. I do not believe this representation would compromise my objectivity in this
matter. Nevertheless I have determined that in light of Kilakila’s objection, it is prudent for me
to withdraw as the hearing officer for this contested case hearing.
This is a challenging matter and I regret not being able to assist the Board in this case. I
appreciate being considered as the hearing officer, and hope you will consider my services in
fliture hearings before the Board.
Although I spent time reviewing documents for this case and discussing this case with
your staff, I will waive any fees for my services and will not submit an invoice.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
ASHFORD & WRISTON
A Limited Liability Law Partnership LLP
By
ROSEMARY T. FAZIO
RTF:lms
cc: Linda L.W. Chow, Esq.
HONOLULU, HAWAII Street Address:
EXHIBIT
Tel: (808) S390400
i’
Mailing Address: Alii Place, Suite 1400 Fax: (808) S33-494B
lll96ó9VlDst Office Box 131 1099 Alakea Street Email: atty@awlawsom
Honolulu, HI 96810 Honolulu, HI 96813 www.ashfordwristoncom

3. BOARD OF LAND AND NATURAL RESOURCES
STATE OF HAWAIi
In re Petition requesting a Contested Case
Hearing Re Conservation District Use
Permit (CDUP) MA-3542 for the DLNR File No. MA-11-04
Advanced Technology Solar Telescope at
the Haleakala High Altitude Observatories
Site on Puu Kolekole. Makawao, Maui.
TMK (2) 2-2-007:008
CERTIFICATE OF SERVICE
The undersigned hereby certifies that Minute Order 20, dated May 2, 2012, was served upon the
following parties via email and via US Mail on May 2. 2012, addressed as follows:
Lisa A. Bail
Goodsill Anderson Quinn & Steel
Alii Place, Suite 1800
1099 Alakea Street
Honolulu, HI 96813
Counsel for Applicant
- lmunger@goodsill.com
- lbail@goodsill.com
David Kimo Frankel
Staff Attorney
Native Hawaiian Legal Corporation
1164 Bishop Street, Suite 1205
Honolulu, HI 96813
Counselfor Petitioner
dafrank@nhlchi.org
-
Linda Chow, Deputy Attorney General
Land and Transportation Division
Kekuanao’a Building
465 South King Street, Third Floor
Honolulu, HI 96813
Counsel for the Tribunal
-lindai.chow@hawaii.gov
Dated: Honolulu, Hawaii, May 2, 2012
Michael Cain
Department of Land & Natural Resources
State of Hawaii