Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 12 - Parking and operation of motor vehicles › Subchapter 1 - UNIVERSITY OF HAWAII AT MANOA › Section 20-12-10 - Appeals process, information requests and submittals, and petitions for declaratory rulings

Current through June, 2024
(a) Any university
				  employee or student shall follow the appeals process established by the
				  chancellor of the campus issuing the citation. All others, including any member
				  of the public, shall follow the appeals process set forth in this section.
Requests for formal hearings shall be submitted in writing
					 within seven days after issuance of the citation on a form to be provided by
					 the campus. These forms shall be made available by the parking office, business
					 office, administration office, or by any other office as the chancellor of each
					 campus designates.
(b) The
				  following rules of practice on parking and traffic matters including both
				  informal and formal procedures are adopted:
(1) Informal procedures. Persons who believe
				  that they have received a parking or traffic citation in error or whose vehicle
				  was removed by the campus may file a written request for an informal review
				  with the parking manager or other authorized person designated to manage the
				  campus' parking and traffic program within fifteen days of the issuance of the
				  citation or of the removal of a vehicle. The authorized person may waive the
				  filing deadline for good cause shown. The authorized person may void citations,
				  waive towing and storage charges, and reduce the fine imposed upon review of
				  the facts of each case and upon a written finding that the parking or traffic
				  citation was improperly issued or that the person did not know of the citations
				  or notice so as to contest them within fifteen days of issuance. The authorized
				  person's written decision shall be final and binding and no further appeal is
				  permitted; and
(2) Formal
				  procedures. A person requesting a formal hearing on a parking or traffic
				  citation in accordance with subsection (a) shall be afforded an opportunity for
				  hearing after reasonable notice as provided by chapter
				  91, HRS. The hearing under this
				  section shall be treated as a contested case hearing under chapter
				  91, Hawaii Revised Statutes, and shall
				  be conducted in accordance with the statutory requirements for contested case
				  hearings, as follows:
(A) The hearing shall
				  be conducted by a hearing officer appointed by the parking board;
(B) Upon receipt of a written request for a
				  formal hearing, the hearing officer shall issue a written notice, which notice
				  shall include a statement of:
(i) The date,
				  time, place, and nature of hearing;
(ii) The legal authority under which the
				  hearing is to be held; (iii) The particular sections of the statutes, rules,
				  and procedures involved;
(iv) An
				  explicit statement in plain language of the issues involved and the facts
				  alleged by the officer issuing the citation in support thereof, provided that
				  if the hearing officer is unable to state the issues and facts at the time the
				  notice is served, the initial notice may be limited to a statement of the
				  issues involved, and thereafter upon application a bill of particulars shall be
				  furnished; and
(v) The fact that any
				  party may retain counsel if so desired. The written notice of hearing shall be
				  provided to all parties to the proceeding at least fifteen days before the
				  hearing;
(C)
				  Opportunity shall be afforded each party to present evidence and argument on
				  all issues involved. Every party shall have the right to conduct a
				  cross-examination as may be required for a full and true disclosure of the
				  facts and shall have the right to submit rebuttal evidence;
(D) Any procedure in a contested case may be
				  modified or waived by stipulation of the parties and informal disposition may
				  be made of any contested case by stipulation, agreed settlement, consent order,
				  or default;
(E) For the purpose of
				  preserving a record of the proceedings before the hearing officer, the
				  proceedings shall be either tape-recorded or recorded verbatim by a certified
				  shorthand reporter. It shall not be necessary to transcribe the record unless
				  requested for purposes of rehearing, board review, or court review;
(F) Within a reasonable time following the
				  closure of the hearing on the contested case, the hearing officer shall submit
				  findings of fact and conclusions of law to, and prepare a proposed decision on
				  the case as a recommendation for, the parking board and to the parties. If a
				  party is adversely affected by the proposed decision, the party may file
				  written exceptions and present written or oral arguments to the parking board.
				  Any exceptions and written arguments shall be filed not more than fifteen days
				  from the date of the proposed decision with the parking office, business
				  office, administration office, or any other office as the chancellor of the
				  campus handling the formal hearing designates. The parking board shall provide
				  the parties with an opportunity to present oral arguments at an adjudicatory
				  meeting of the parking board;
(G)
				  In rendering the final decision, the parking board shall personally consider
				  the whole record of the contested case or the portions thereof as may be cited
				  by the parties. No matters outside the record shall be considered by the
				  parking board in making a decision, except as provided in this
				  chapter;
(H) Every decision and
				  order adverse to a party to the proceeding shall be in writing or stated in the
				  record and shall be accompanied by separate findings of fact and conclusions of
				  law. Parties to the proceedings shall be notified by delivering or mailing a
				  certified copy of the decision and order and accompanying findings and
				  conclusions within a reasonable time to each party. If the citation is upheld,
				  the parking board or the hearing officer may direct payment of all or a portion
				  of the fine or charge;
(I) If a
				  party does not appear at the date, time, and place appointed for the hearing,
				  either before the parking board or the hearing officer, the party may be denied
				  another hearing on the matter; and
(J) Appeals from the final decision of the
				  parking board rendered in a contested case under this chapter shall be in
				  accordance with chapter
				  91, HRS.