reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 16-201-21 - Evidence

Current through June, 2024
(a) The admissibility of evidence at the
				hearing shall not be governed by the laws of evidence and all relevant oral or
				documentary evidence shall be admitted if it is the sort of evidence on which
				reasonable persons are accustomed to rely in the conduct of serious affairs.
				Irrelevant, immaterial, or unduly repetitious material shall not be admitted
				into evidence. The authority or hearings officer shall give effect to the
				privileges recognized at law.
(b)
				Documentary evidence may be received in the form of copies, provided that, upon
				request, all other parties to the proceeding shall be given an opportunity to
				compare the copy with the original. If the original is not available, a copy
				may still be admissible but the nonavailability of the original and the reasons
				therefor shall be considered by the authority or hearings officer when
				considering the weight of the documentary evidence.
(c) The authority or the hearings officer may
				take notice of judicially recognizable facts and of generally recognized
				technical or scientific facts. Theparties, whenever possible, shall be notified
				before the hearing of the material to be so noticed and shall be afforded an
				opportunity at the hearing to contest the facts so noticed.
(d) Except as otherwise provided by law, the
				burden of proof, including the burden of producing the evidence and the burden
				of persuasion, shall be upon the party initiating the proceeding. Proof of a
				matter shall be by a preponderance of the evidence.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 16-201-22 - Decision, generally

Current through June, 2024
(a) Unless
				otherwise provided, every decision and order issued by the authority shall be
				in writing or stated in the record. Where the case has been contested and the
				decision is adverse to any party, the decision shall be accompanied by separate
				findings of fact and conclusions of law.
(b) The authority shall cause a certified
				copy of the decision and order together with the findings of fact and
				conclusions of law to be transmitted by hand or by certified or registered
				mail, return receipt requested, to each party within a reasonable
				time.
(c) In a contested case where
				notice of the hearing has been served by publication and the party so served
				has failed to appear at the hearing, service of the authority's decision is
				complete upon transmission by registered or certified mail, return receipt
				requested, to the party at the party's last known address.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 16-201-23 - Motion for reconsideration

Current through June, 2024
Any party, within ten days after receipt of any final order
				  may move the authority to reconsider its final order or decision. The motion
				  shall be filed with the authority and shall state specifically what points of
				  law or fact the authority has overlooked or misunderstood together with brief
				  arguments on the points raised. No answer or reply to the motion shall be
				  considered unless requested by the authority. Oral argument on the motion shall
				  be with the discretion of the authority. Only one motion for reconsideration
				  may be filed by each party and the filing of the motion shall not operate as a
				  stay of the authority's final order or decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 16-201-24 - Judicial review of contested cases

Current through June, 2024
(a) Any party
				aggrieved by a final decision or order of the authority in a contested case or
				by a preliminary ruling or order of the authority of such a nature that
				deferral of review pending the entry of a subsequent final order would deprive
				that party of adequate relief is entitled to judicial review in conformance
				with section
				91-14,
				HRS.
(b) Any party requesting
				judicial review in writing, shall serve a copy of the request upon the
				authority and all other parties to the proceeding in accordance with the Hawaii
				Rules of Civil Procedure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 16-201-25 - Ex parte communications

Current through June, 2024
(a) In any
				proceeding before the authority:
(1) Neither
				the department nor any person, either in private or public life, shall
				communicate privately on the merits of the case with any member of the
				authority, the authority's staff or with the hearings officer designated to
				hear and decide the matter unless specifically provided for by law;
				and
(2) No member of the
				authority's staff or any other government agency who participates in the
				hearing as a witness or counsel shall privately communicate on the merits of
				the case with any member of the authority or with the hearings officer
				designated to hear and decide the matter, unless specifically provided for by
				law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-26 - Contents of petition for hearing relief

Current through June, 2024
The department or any aggrieved person may petition the
				  authority or hearings officer for a hearing to resolve a contested matter,
				  including license denials, within the authority's jurisdiction. The petition
				  for hearing relief shall state plainly and precisely the facts and
				  circumstances of petitioner's grievance, the laws, rules involved, and the
				  relief sought by petitioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-26.3 - Action by authority

Current through June, 2024
(a) Unless
				otherwise provided by law, upon the filing of the petition, and as
				expeditiously as possible, the authority shall determine whether or not to
				proceed further on the petition.
(b) If the authority determines to proceed
				further, it shall either set the matter for further proceedings before the
				authority or assign the petition to a hearings officer for further proceedings
				pursuant to sections 16-201-26 to 16-201-47.
(c) If the authority determines not to
				proceed further, the authority shall promptly provide the petitioner with a
				written notice of any determination not to proceed further, together with a
				statement as to the reasons therefor. The petitioner may request
				reconsideration of the authority's determination or pursue judicial review,
				pursuant to sections 16-201-23 or 16-201-24.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-26.5 - Notice of hearing

Current through June, 2024
Unless otherwise provided by law, all parties shall be given
				  written notice of the hearing at least fifteen days before the hearing. The
				  notice shall include:
(1) The date,
				time, place, and nature of hearing;
(2) The legal authority under which the
				hearing is to be held;
(3) The
				particular sections of the statutes and rules involved; and
(4) A short and concise statement of the
				issues involved and the facts giving rise to the petition. Attachment of a copy
				of the petition to the hearing notice satisfies this requirement.
The notice shall further apprise each party of their right
				  to retain legal counsel if so desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-28 - Response

Current through June, 2024
Before the hearing, each respondent may file and serve upon
				  each petitioner, the authority, or hearings officer, a written response stating
				  briefly therein facts, circumstances, laws, rules, or reasons in defense and
				  shall further specifically admit or deny the allegations of the
				  petition.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-29 - Disclosure

Current through June, 2024
(a) Any party, by timely written demand filed
				with the authority or hearings officer, and served upon any other party, may
				request of any other party to the proceeding, the full disclosure of:
(1) The identity of all witnesses to be
				called by the party, including their addresses and phone numbers, if
				known;
(2) The identity of all
				persons, including their addresses and phone numbers, known by the party to
				have material knowledge relevant to the proceeding; and
(3) All exhibits, including, but not limited
				to documents, photographs, and other tangible evidence to be introduced at the
				hearing. The requesting party shall have the right to examine the exhibits and
				make copies thereof.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-30 - Prehearing conference

Current through June, 2024
(a) The authority
				or the hearings officer may order that a prehearing conference be conducted and
				attended by all parties to the proceeding. The purpose of the prehearing
				conference shall be to explore informal satisfaction of the petition and the
				simplification of issues. At the prehearing conference the authority or the
				hearings officer may require all parties to disclose to the other parties the
				information which may be requested pursuant to section 16-201-29(a).
(b) If no prehearing conference is held, the
				authority or hearings officer may require each party to submit a statement
				disclosing and identifying all witnesses to be called at the hearing, all
				exhibits to be used at the hearing, and other matters as shall simplify the
				issues and facilitate the orderly progress of the hearing. A copy of the
				statement shall be served upon all other parties to the proceeding.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-31 - Testimony

Current through June, 2024
(a) A record shall be made of all oral
				testimony taken at the hearing.
(b)
				Testimony taken at the hearing may be electronically recorded and need not be
				transcribed. Unless otherwise provided, the cost of the transcription of the
				electronic recording of the testimony shall be paid by the requesting
				party.
(c) Any party may request
				that all of the testimony taken at the hearing be taken by a court reporter.
				The request shall be made in writing, at least ten days before the date of the
				hearing and shall be within the sole discretion of the hearings officer or the
				authority to grant or deny. The transcript of the proceeding shall constitute
				the official record of the testimony taken at the hearing, and shall remain in
				the possession of the hearings officer or authority. The cost of the transcript
				shall be paid for by the requesting party. If a party desires a copy of the
				transcript, the requesting party shall pay the cost of a copy of that
				transcript.
(d) The authority or
				hearings officer shall make the electronic recording of the testimony available
				to the parties for use in preparing exceptions to or statements in support of a
				proposed decision or recommended order.
(e) If judicial review is requested, the
				authority or hearings officer shall cause a transcript of the hearing to be
				prepared if requested as part of the record on appeal. If a party desires a
				copy of the transcript for their personal use, the requesting party shall pay
				the cost of a copy of that transcript.
(f) Unless the authority has been notified in
				writing of a party's request for judicial review within the time permitted for
				requesting the review, the authority or hearings officer, after the time for
				requesting judicial review has passed, may erase the electronically recorded
				testimony. Where by statute judicial review is by trial de novo, a transcript
				need not be prepared unless expressly requested and paid for by the requesting
				party.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-32 - Record

Current through June, 2024
(a) The record shall consist of the
				following:
(1) All pleadings, motions, and
				intermediate rulings;
(2) All
				evidence received or considered, including without limitation, oral testimony,
				exhibits, and matters officially noted by the authority or hearings
				officer;
(3) All offers of proof
				and rulings thereon;
(4) All
				proposed findings and exceptions;
(5) The recommended decision of the hearings
				officer who presided at the hearing, if the hearing was held before a hearings
				officer;
(6) Any report of the
				hearings officer or of the member of the authority who conducted the
				hearing;
(7) Staff memoranda
				submitted to the members of the authority in connection with consideration of
				the case, provided first, that the memoranda have also been timely provided to
				parties to the proceeding, and the parties have been permitted an opportunity
				at the hearing to rebut the memoranda; and
(8) The investigation report, when the report
				has been made part of the record, after having been provided to all parties and
				admitted at the hearing pursuant to section 16-201-29.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-32.5 - Record for hearing on denial of application for license

Current through June, 2024
Unless supplemented as provided in this section, in hearings
				  where the issue for determination is whether the authority properly denied an
				  application for licensure, the record shall consist of only the information
				  presented to the authority for consideration in reviewing the application. No
				  other information regarding qualification for licensure shall be admitted
				  unless agreed upon by all parties.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-34.1 - Dismissal of petitions

Current through June, 2024
(a) A petition for
				hearing relief may be voluntarily dismissed by the petitioner without order of
				the authority or hearings officer by:
(1)
				Filing a notice of dismissal at any time before service of the petition on the
				respondent or respondents; or
(2)
				Filing a stipulation of dismissal signed by all parties who have been served
				with the petition or appeared in the action.
Unless otherwise stated in the notice of dismissal or
				  stipulation, the dismissal shall be without prejudice, except that a notice of
				  dismissal shall operate as an adjudication upon the merits when filed by a
				  petitioner who has once dismissed a petition for hearing relief based on or
				  including the same claim before the authority.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-36 - Hearings

Current through June, 2024
All hearings shall be conducted pursuant to chapter
				  91, HRS, and this chapter. All
				  hearings shall be heard before the authority or a duly designated hearings
				  officer. All parties shall be afforded full opportunity to present evidence and
				  argument on all issues involved. The hearing shall be at the time and place set
				  forth in the notice of hearing, but at that time and place may be continued
				  from day to day or adjourned to a later day or to a different place without
				  notice other than the announcement thereof at the hearing. The authority or
				  hearings officer, if there is no dispute as to the facts involved in a
				  particular matter, may permit the parties to proceed by memoranda of law in
				  lieu of a hearing unless the procedure would unduly burden any party or is
				  otherwise not conducive to the ends of justice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-37 - Procedure at hearing

Current through June, 2024
Unless otherwise stipulated by the parties, which
				  stipulation is approved by the authority or the hearings officer, all hearings
				  shall proceed as follows:
(1) The
				parties shall have the opportunity to make opening statements before any
				evidence is presented, unless they waive the opportunity. The opening statement
				shall be heard in the following order:
(A)
				Petitioner's opening statement; and
(B) Respondent's opening statement, unless
				respondent chooses to reserve same until after presentation of petitioner's
				evidence;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-38 - Motion to dismiss

Current through June, 2024
(a) After all
				evidence has been presented by petitioner in support of petition, the
				respondent may move the authority or the hearings officer for an order denying
				or dismissing the petition or for similar affirmative relief
(b) If the motion is denied or taken under
				advisement, respondent shall have the right to continue with the proceeding as
				fully as if the motion had never been made.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-39 - Taking of further evidence

Current through June, 2024
At any time before the filing of the hearings officer's
				  recommended decision, or if the hearing has been held before the authority,
				  then before the authority's final decision, the hearings officer or authority,
				  sua sponte or upon motion for good cause shown, may reopen a hearing for the
				  purpose of taking further evidence, and shall do so in writing with a statement
				  of reasons therefor. The authority, sua sponte, shall have the discretion to
				  remand a petition or proceeding to the hearings office for the purpose of
				  taking further evidence. The reopening or remanding shall be at the sole
				  discretion of the hearings officer or authority. Further evidence may be taken
				  either through oral hearing or by certification of questions to the
				  parties.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-40 - Proposed findings of fact and conclusions of law

Current through June, 2024
(a)
				No party shall file written proposed findings of fact and conclusions of law
				except where ordered in the discretion of the hearings officer or the
				authority, whichever has conducted the hearing.
(b) Where ordered, written proposed findings
				of fact and conclusions of law shall be filed within fifteen days after the
				close of the hearing, and shall contain specific references to the record and
				the legal authorities relied upon.
(c) When the hearing has been conducted by a
				hearings officer, the parties shall not file, under any circumstances, proposed
				findings of fact and conclusions of law with the authority.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-41 - Authority's decision

Current through June, 2024
When the hearing has been held before the authority, the
				  authority, as expeditiously as possible, after the close of the hearing, shall
				  issue its final decision and order together with separate findings of fact and
				  conclusions of law. All findings of fact, conclusions of law, final decisions
				  and orders issued by the authority shall be based upon the whole record and
				  supported by reliable probative and substantial evidence, including facts on
				  which the authority properly took judicial notice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-42 - Recommended decision

Current through June, 2024
When the hearing has been held before a hearings officer,
				  the hearings officer, as expeditiously as possible, after the close of the
				  hearing, shall file with the authority a recommended decision together with
				  separate findings of fact, conclusions of law, and a recommended order. The
				  decision, findings of fact, conclusions of law, and any order recommended by
				  the hearings officer shall be based upon the whole record and supported by the
				  reliable probative and substantial evidence, including facts of which the
				  hearings officer properly took judicial notice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-43 - Service of recommended decision

Current through June, 2024
The hearings officer shall cause a copy of the recommended
				  decision, including therein findings of fact, conclusions of law, and any
				  recommended order, to be served upon each party by personal service or by
				  registered or certified mail, return receipt requested. Service of the
				  recommended decision shall be deemed complete upon its mailing to the party's
				  last known address.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-44 - Recommended decision exceptions

Current through June, 2024
Any party adversely affected by the hearings officer's
				  recommended decision within fifteen days after the receipt of a copy of the
				  decision, may file with the hearings officer written exceptions to the whole or
				  any part of the recommended decision and request review by the authority. Each
				  written exception shall specify the portions of the record and authorities
				  relied upon to sustain each point. A copy of the written exceptions shall be
				  served by the party so excepting upon each party to the proceeding. Unless the
				  time has been extended, no written exceptions shall be filed or accepted for
				  filing after the time specified, except by leave of the authority for good
				  cause shown.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-45 - Statement in support of recommended decision

Current through June, 2024
Any party may file with the hearings officer and serve upon
				  all other parties a statement in support of the recommended decision within
				  fifteen days after receipt of a copy of the written
				  exceptions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-45.5 - Transmittal to authority

Current through June, 2024
The hearings officer shall transmit to the authority the
				  entire record together with the recommended decision, any timely filed
				  exceptions, and any timely filed statement in support.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-46 - Argument on written exceptions

Current through June, 2024
Whenever written exceptions have been timely filed and a
				  party has requested the opportunity to present oral argument, all parties to
				  the proceedings shall be afforded the opportunity to present oral argument to
				  the authority concerning the recommended decision. The authority shall
				  personally consider the whole record or portions of the record as may have been
				  cited by the parties either in support of or in opposition to the recommended
				  decision. All parties shall be served with notice of the time and place of
				  argument at least five days prior to the time for argument. Within a reasonable
				  time after argument has been heard, the authority shall issue a written final
				  decision and order, either adopting, modifying, or reversing, in whole or in
				  part, the hearings officer's recommended decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 2 - HEARING RELIEF › Section 16-201-47 - No written exceptions

Current through June, 2024
When no written exceptions have been filed, the authority,
				  within a reasonable time after the hearings officer's recommended decision has
				  been filed, shall issue a written final decision and order, either adopting or
				  modifying or reversing, in whole or in part, the hearings officer's recommended
				  decision. The authority shall state with specificity in the final decision the
				  reasons for any modification or reversal, in whole or in part, of the hearings
				  officer's recommended decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-48 - Contents of petition for declaratory relief

Current through June, 2024
The department or any interested person may petition the
				  authority for a declaratory ruling as to the applicability of any statutory
				  provision or of any rule or order adopted by the authority to a factual
				  situation. Each petition shall state concisely and with particularity the facts
				  giving rise to the petition, including the petitioner's interest, reasons for
				  filing the petition, and the names of any potential respondents, the provision,
				  rule, or order in question, the issues raised, and petitioner's position or
				  contentions with respect thereto.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-49 - Memorandum of law in support of petition

Current through June, 2024
The petition for declaratory relief shall be accompanied by
				  a memorandum of law in support of the relief requested.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-50 - Disposition of petition

Current through June, 2024
The authority, as expeditiously as possible after the filing
				  of a petition for declaratory relief, shall:
(1) Deny the petition where:
(A) The petition fails to conform
				substantially with section 16-201-48 or is not supported by a memorandum of law
				in support of the petition;
(B) The
				petition is frivolous;
(C) The
				matter is not within the jurisdiction of the authority;
(D) The petition is based on hypothetical or
				speculative facts of either liability or damages;
(E) There is a genuine controversy of
				material fact, the resolution of which is necessary before any order or
				declaratory relief may issue; or
(F) There is any other reason justifying
				denial of the petition.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-52 - Parties

Current through June, 2024
Unless a petition has been disposed of pursuant to section
				  16-201-50, in all petitions for
				  declaratory relief where the department is not the petitioner, the department
				  shall be made a party respondent to the proceedings and shall be served
				  accordingly.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-53 - Memorandum in opposition

Current through June, 2024
Each respondent, within fifteen days after the receipt of
				  the petition, may file and serve upon all parties a memorandum in opposition
				  stating concisely and fully the respondent's position or contentions and
				  reasons, including legal authorities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-54 - Intervention and intervenor's memorandum of law

Current through June, 2024
Except where a petition has been denied pursuant to section
				  16-201-50 and subject to section
				  16-201-7, any interested person
				  may request intervention in a proceeding for declaratory relief Any person
				  permitted to intervene in a proceeding for declaratory relief may file and
				  serve upon petitioner, a memorandum of law which shall state concisely and
				  fully the intervenor's position or contentions and reasons, including legal
				  authorities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-55 - Request for additional facts or supplemental memorandum

Current through June, 2024
The authority or the hearings officer at any time may
				  request of the petitioner or any party, a statement of additional facts or a
				  memorandum, the purpose of which is to clarify a specific factual issue,
				  position, contention, or issue provided the request shall aid the authority in
				  effectuating the ends of justice, or in achieving its purposes, and shall not
				  unduly delay the proceedings or hinder, harass, or unreasonably prejudice any
				  party.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-56 - Notice of argument

Current through June, 2024
All parties shall be given written notice of the hearing of
				  argument at least fifteen days before the time of the argument. The notice
				  shall include:
(1) The date, time,
				place, and nature of the argument;
(2) The legal authority under which the
				argument is to be heard;
(3)
				Particular sections of the statutes and rules involved; and
(4) A short and concise statement of issues
				involved, and the basic facts giving rise to the petition. Attachment of a copy
				of the petition to the notice of argument satisfies this requirement.
The notice shall further apprise each party of their right
				  to retain legal counsel if so desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-59 - Argument

Current through June, 2024
Argument shall be heard either before the authority or a
				  hearings officer duly designated. All parties shall be afforded full
				  opportunity to present argument on all issues involved. The argument shall be
				  at the time and place set forth in the notice of argument but at that time and
				  place may be continued from day to day and adjourned to a later day or to a
				  different place without notice other than the announcement thereof at the
				  hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-60 - Material issue of fact, public interest

Current through June, 2024
If, at any time, it appears that there exists a genuine
				  controversy of material fact the resolution of which is necessary before any
				  order of declaratory relief may issue, or that the petition raises issues of
				  public concern and interest that a proceeding for rule relief would more fairly
				  and effectively aid the authority in achieving its purposes and goals and
				  protect that public concern or interest, the authority or hearings officer
				  may:
(1) Sua sponte or on motion of
				any party dismiss the petition for declaratory relief and allow same to be
				refilled as a petition for hearing or rule relief; or
(2) Convert the proceeding to one for hearing
				or rule relief and proceed thereafter as if the petition had been brought
				originally for hearing or rule relief If the proceeding is converted to a
				proceeding for hearing or rule relief, the issues may be restricted to those
				material facts in issue.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-61 - Proposed findings of fact and conclusions of law

Current through June, 2024
(a)
				No party shall file written proposed findings of fact and conclusions of law
				except where ordered in the discretion of the hearings officer or the
				authority, whichever has conducted the hearing.
(b) Where ordered, written proposed findings
				of fact and conclusions of law shall be filed within fifteen days after the
				close of the hearing, and shall contain specific references to the record and
				the legal authorities relied upon.
(c) When the argument has been held before a
				hearings officer, the parties shall not, under any circumstances, file proposed
				findings of fact and conclusions of law with the authority.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-62 - Authority's decision

Current through June, 2024
(a) When the
				argument has been held before the authority, the authority, as expeditiously as
				possible after the close of the argument or submission of all permitted or
				requested memoranda, whichever is later, shall issue its final decision and
				order.
(b) When the petition has
				been contested, and the authority's decision and order is adverse to any party,
				the authority shall also issue and serve upon each party to the proceeding,
				together with its final decision and order, separate findings of fact and
				conclusions of law.
(c) All final
				decisions and orders and any findings of fact and conclusions of law issued by
				the authority shall be based upon the whole record and supported by reliable,
				probative and substantial evidence, including those facts of which the
				authority properly took judicial notice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-63 - Recommended decision

Current through June, 2024
(a) When the
				argument has been held before a hearings officer, the hearings officer, as
				expeditiously as possible after the close of the argument or submission of all
				requested or permitted memoranda, whichever is later, shall file with the
				authority the hearings officer's recommended decision and any recommended
				order.
(b) When the petition has
				been contested and the recommended decision and order is adverse to any party,
				the hearings officer shall file with the recommended decision and order
				separate findings of fact and conclusions of law.
(c) The decision, findings of fact,
				conclusions of law, and any order recommended by the hearings officer shall be
				based upon the whole record and supported by reliable, probative and
				substantial evidence, including those facts of which the hearings officer
				properly took official notice.
(d)
				The hearings officer shall serve a copy of the recommended decision and any
				recommended order, together with any findings of fact and conclusions of law
				upon each party by personal service or by registered or certified mail, return
				receipt requested. Where notice of the argument has been served by publication
				and the party so served has failed to appear at the argument, service of the
				recommended decision is complete upon its mailing to the party at the party's
				last known address.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 3 - DECLARATORY RELIEF › Section 16-201-64 - Authority's action on recommended decisions

Current through June, 2024
(a) Where the
				petition has been contested, any party adversely affected by the hearings
				officer's recommended decision within fifteen days after the receipt of a copy
				of the decision, may file with the authority written exceptions to the whole or
				any part of the recommended decision and request review by the authority. Each
				written exception shall specify the portions of the record and authorities
				relied upon to sustain each point. A copy of the written exceptions shall be
				served by the party so excepting upon each party to the proceeding, and upon
				the hearings officer. Unless the time has been extended, no written exceptions
				shall be filed or accepted for filing after the time specified, except by leave
				of the authority for good cause shown.
(b) Where the petition has been contested and
				written exceptions filed, any party may file and serve upon all other parties
				and the hearings officer a statement in support of the proposed decision within
				fifteen days after receipt of a copy of the written exceptions.
(c) Whenever written exceptions have been
				timely filed and a party has requested an opportunity to present oral argument,
				all parties to the proceedings shall be afforded the opportunity to present
				oral argument to the authority concerning the recommended decision. The
				authority shall consider the whole record or portions of the record as may have
				been cited by the parties either in support or in opposition to the recommended
				decision. All parties shall be served with notice of the time and place of
				argument at least five days prior to the time for argument. Within a reasonable
				time after argument has been heard, the authority shall issue a final decision
				and order, either affirming, modifying, or reversing, in whole or in part, the
				hearings officer's recommended decision.
(d) Where the petition has not been
				contested, or if no written exceptions have been filed, the authority, within a
				reasonable time after the hearings officer's recommended decision has been
				filed, shall issue a written final decision and order, either adopting,
				modifying, or reversing, in whole or in part, the hearings officer's
				recommended decision. The authority shall state with specificity in the final
				decision the reasons for any modification or reversal, in whole or in part, of
				the hearings officer's recommended decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-66 - Contents of petition for rule relief

Current through June, 2024
The department or any interested person may petition the
				  authority for the amendment, adoption, or repeal of a rule. The petition for
				  rule relief shall set forth the text of the rule to be repealed, or the text of
				  any proposed rule, the adoption of which is being sought, or the text of any
				  existing rule, the amendment of which is being sought, together with the
				  proposed amendment. The petition shall further state concisely and with
				  particularity the facts and circumstances giving rise to the petition,
				  including the petitioner's interest and reasons for filing the petition, the
				  necessity for the relief and the anticipated effect or impact of the relief,
				  the questions or issues raised and petitioner's position or contentions with
				  respect thereto.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-67 - Disposition

Current through June, 2024
(a) The authority, within the time permitted
				by chapter
				91, HRS, shall either deny the
				petition or initiate public rulemaking procedures in accordance with this
				Subchapter and chapter
				91, HRS.
(b) Without limiting the generality of the
				foregoing, the authority may deny any petition which:
(1) Fails to substantially conform with the
				requirements of section 16-201-66;
(2) Discloses insufficient reasons justifying
				the institution of public rulemaking procedures; or
(3) Concerns a matter not within the
				jurisdiction of the authority.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-68 - Notice of determination

Current through June, 2024
The authority shall promptly notify the petitioner in
				  writing of its determination either to deny the petition or to initiate
				  rulemaking procedures. If the authority denies the petition, the authority
				  shall state the reasons for the denial in the notice to
				  petitioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-69 - Determination final

Current through June, 2024
Unless otherwise provided by law, the petitioner shall have
				  no right to move the authority for reconsideration or to seek judicial review
				  of any determination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-70 - Additional facts or supplemental memorandum

Current through June, 2024
The authority may require the petitioner or any person or
				  the department to submit a statement of additional facts or a memorandum, the
				  purpose of which is to clarify a specific factual issue, position, or
				  contention which will reasonably aid the authority.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-71 - Public hearing

Current through June, 2024
Subject to sections
				  16-201-76 and
				  16-201-77, a public hearing shall
				  be held for a petition for rule relief considered by the authority. The hearing
				  shall be at the time and place set forth in the notice of public hearing but at
				  that time and place may be continued from day to day or adjourned to a later
				  day or to a different place without notice other than the announcement thereof
				  at the hearing. The authority shall afford the department and all interested
				  persons an opportunity to present data, their views or arguments, orally or in
				  writing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-73 - Procedure at public hearing

Current through June, 2024
At the commencement of the public hearing the member of the
				  authority presiding at the public hearing shall read the notice of hearing and
				  shall then briefly prescribe the procedure to be followed at the public
				  hearing. All witnesses testifying at the public hearing shall state their name,
				  address, and who, if anyone, the witness represents. Every witness shall be
				  subject to questioning by members of the authority or by any other
				  representative of the authority. Questioning of witnesses by other persons
				  shall not be permitted except when the presiding member of the authority
				  expressly permits that questioning.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-74 - Record of public hearing

Current through June, 2024
(a) A record shall
				be made of all oral testimony taken at the hearing which record may be written
				minutes or verbatim.
(b) Testimony
				given at the public hearing may be electronically recorded verbatim by the
				authority at its sole discretion, either sua sponte or upon the request of any
				interested party. It shall not be necessary to transcribe the electronic
				recording.
(c) The written minutes
				or electronic record of the proceeding shall constitute the official record of
				the testimony taken at the hearing, and shall remain in the possession of the
				authority.
(d) All written
				testimony shall be received and made part of the public record.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-75 - Decision

Current through June, 2024
The authority shall render its decision at the public
				  hearing or at a time, date, and place as is announced at the public hearing.
				  The authority, upon the request of any interested person, shall issue a concise
				  statement of the principle reasons for and against its decision. In making its
				  decision, the authority shall consider all written and oral submissions
				  respecting the proposed rule relief. Unless otherwise provided by law, the
				  requirements of section
				  16-201-22 shall not apply to a
				  decision rendered pursuant to this section.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-76 - Waiver

Current through June, 2024
The requirements for public hearing and for notice thereof
				  may be waived by the governor when the authority, as a condition to receiving
				  federal funds, is required by federal provisions to adopt rules and the
				  authority is allowed no discretion in interpreting the federal provisions as to
				  the rules required to be adopted. The authority shall make known to the public
				  the proposed adoption, amendment, or repeal of any rule pursuant to this
				  section by publishing in a newspaper of general circulation in this State, at
				  least once prior to the waiver of the governor, a statement as to the substance
				  of the proposed rule change.