The state Department of Land and Natural Resources, which proposed the emergency rules in effect on Mauna Kea, is advising against allowing a contested case hearing to take place regarding the restrictions.
Applications for the quasi-judicial hearings challenging the rules were received from Michael Kumukauoha and Andrea DeCosta.
The state’s Land Board, which passed the rules restricting camping and nighttime access on the mountain last July, will consider the requests at its Friday meeting in Honolulu.
A DLNR staff memo is advising the board to deny the request since it says the decision falls under rule making.
“There is no statute or rule that requires a contested case hearing to be held in connection with rule making by the DLNR,” the memo says.
The rules, lasting 120 days, went into effect July 14.
Trial setting for a lawsuit against the rules filed in Environmental Court will take place Oct. 6.