Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 5 - Proceedings Before Council or Hearing Officer › Section 11-201-6 - Proceedings Before Council or Hearing Officer

Current through June, 2024
A. The
				  council on its own motion, or upon the petition of any interested person or any
				  agency of the federal, state, or county government, may hold such proceedings
				  as it may deem necessary from time to time in the performance of its duties, or
				  the formulation of its rules. Procedures to be followed by the council, unless
				  specifically prescribed in this chapter or by chapter 91, Hawaii Revised
				  Statutes, shall be as in the opinion of the council will best serve the
				  purposes of the proceeding.
B. An
				  individual may appear in the individual's own behalf or as an authorized
				  representative of a partnership, corporation, trust or association, and an
				  officer or employee of an agency of the state or a political subdivision of the
				  state may represent the agency in any proceeding before the council.
C. A person or agency may be represented by
				  or with any person, counsel, or consultant in any proceeding under this
				  chapter, except as provided in subsection (e).
D. When an individual acting in a
				  representative capacity appears in person or signs a paper in practice before
				  the council, that individual's personal appearance or signature shall
				  constitute a representation to the council that under this chapter and the
				  applicable statute, that individual is authorized and qualified to represent
				  the particular person on whose behalf the individual acts. The council at any
				  time may require any person transacting business with the council in a
				  representative capacity to show in writing that person's authority and a
				  qualification to act in that capacity.
E. Bar to appearance.
1. No individual, whether associated with the
				  council as a member, officer, employee, or counsel shall be permitted to appear
				  before the council on behalf of or to represent in any manner any party in
				  connection with any proceeding or matter that the individual has handled or
				  passed upon while associated in any capacity with the council after June 2,
				  1975;
2. Any person or agency
				  appearing before the council in any proceeding or matter shall not in relation
				  thereto knowingly accept assistance from and compensate any individual who
				  would be precluded by paragraph (1);
3. No individual who has been associated with
				  the council as a member, officer, employee, or counsel thereof, shall be
				  permitted to appear before the council in behalf of, or to represent in any
				  manner, any person or agency in connection with any proceeding or matter that
				  was pending before the council at the time of the individual's association with
				  the council unless that individual shall first have obtained the written
				  consent of the council upon a verified showing that the individual did not give
				  personal consideration to the matter or proceeding as to which consent is
				  sought or gain particular knowledge of the facts thereof during that
				  individual's association with the council;
4. This subsection shall not apply to any
				  individual or agency whose association with the council has been terminated for
				  a period of one year.