A representative for a petitioning family asked the Hawaiian Homes Commission on Sept. 16 to vacate an amended order of dismissal in a contested-case docket and to reopen the contested-case hearing before the full commission, citing defective service and procedural error.

What the petitioner said: Hiba Kahayaku Rodenhurst, representing petitioner Dana (spelling in filing varies in the record) and the petitioner’s family, said the hearing officer’s report and recommended order of dismissal were never served on petitioners as required by administrative rules (HAR 10‑5‑41(c)). She said petitioners received an incomplete version of the report on Sept. 8 that omitted referenced exhibits (a–f), leaving petitioners to prepare a motion for reconsideration without a complete record. Rodenhurst asked commissioners to strike the recommendation from the record and re-open the hearing so the family can present evidence and witnesses.

Legal and fiduciary claims: The petitioner’s representative characterized the department’s treatment as inconsistent with the trustees’ fiduciary duties under the Hawaiian Homes Commission Act and HAR rules; she argued the department has repeatedly broken promises and that administrative technicalities should not displace long‑term beneficiaries who have maintained a family home for generations.

Department and commission process: Commissioners acknowledged receipt of filings and said the contested‑case matter would be deliberated in closed session; they did not take an immediate public ruling at the Sept. 16 hearing.

Ending: The petitioning representative asked the commission to vacate the dismissal and restore the contested case so the family can present its claims; commissioners scheduled deliberation and said they would consider the filings as part of the contested-case process.