reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-15 - Proposed penalties

Current through June,
				  2024
(a) After or
				  concurrent with the issuance of a citation, and within a reasonable time after
				  the termination of the inspection, the director shall notify the employer by
				  certified mail or by personal service by the safety and health compliance
				  officer of the proposed penalty under the law. Any notice of proposed penalty
				  shall state that the proposed penalty shall be the final order and not subject
				  to review by any court or agency unless, within twenty calendar days from the
				  date of receipt of notice, the employer files a notice of contest in accordance
				  with section 12-51-19 for review of the order in accordance with the
				  law.
(b) The director shall
				  determine the amount of any proposed penalty, giving due consideration to the
				  appropriateness of the penalty with respect to the size of the business, the
				  gravity of the violation, the good faith of the employer, and the history of
				  previous violations in accordance with the law.
(c) Appropriate penalties may be proposed
				  with respect to an alleged violation even though, after being informed of the
				  alleged violation by the safety and health compliance officer, the employer
				  immediately corrects or initiates steps to correct the alleged
				  violation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-16 - Posting of citations

Current through June,
				  2024
(a) Upon receipt of
				  any citation under the law, the employer shall immediately post an unedited
				  copy of the citation, at or near each place an alleged violation referred to in
				  the citation occurred, except as specified in subsection (b) below.
(b) Where, because of the nature of the
				  employer's operations, it is not practicable to post the citation at or near
				  each place of alleged violation, the unedited citation shall be posted in a
				  prominent place where it will be readily observable by all affected employees.
				  For example, where employers are engaged in activities that are physically
				  dispersed, the citation may be posted at the location to which employees report
				  each day. Where employees do not primarily work at or report to a single
				  location, the citation shall be posted at the location from which the employees
				  operate to carry out their activities. The employer shall take steps to ensure
				  that the citation is not altered, defaced, or covered by other
				  material.
(c) A copy of each
				  citation shall remain posted until the violation has been corrected, or for
				  three working days, whichever is later. The filing by the employer of a
				  petition to contest under section 12-51-19 shall not affect the employer's
				  posting responsibility under this section unless and until the appeals board
				  issues a final order vacating the citation.
(d) An employer who appeals a citation to the
				  director shall post the petition for contest in the same location where the
				  citation is posted, and the petition shall explain the reasons for the contest.
				  The employer may also indicate that specified steps have been taken to correct
				  the violation.
(e) Any employer
				  failing to comply with this section shall be subject to citation and penalty in
				  accordance with the law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-17 - Modification of correction period

Current through June,
				  2024
(a) An employer may
				  petition for a modification of the correction date when a good-faith effort to
				  comply with the correction requirements of a citation has been made and when
				  correction has not been completed because of factors beyond the reasonable
				  control of the employer.
(b) The
				  petition shall be postmarked or if not mailed, received by the director no
				  later than the close of the next business day following the date on which
				  correction is required. If not mailed, the date of receipt by the director
				  shall be the date stamped on the petition by the director. The petition may be
				  filed at a later date, if exceptional circumstances and good cause are
				  shown.
(c) The written petition
				  shall include:
(1) All steps taken to achieve
				  compliance within the correction period;
(2) Specific additional time
				  needed;
(3) Reasons additional time
				  is necessary;
(4) Interim steps
				  taken to safeguard employees against the cited hazards; and
(5) Certification that a copy of the petition
				  has been posted and, if appropriate, provided to the designated representative
				  of affected employees.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-18 - Employee contests of correction period

Current through June,
				  2024
(a) Any employee or
				  their designated representative may file a written notice of contest of the
				  initial correction period stated in a citation or order with the director
				  alleging that the period of time fixed for correction is unreasonable, provided
				  the notice is postmarked or if not mailed, received by the director within
				  twenty calendar days after the citation or order has been posted. If not
				  mailed, the date of receipt by the director shall be the date stamped on the
				  contest by the director.
(b) Any
				  employee or their designated representative may file a written notice of
				  contest to an employer's petition for modification of the correction date or
				  request an informal conference under section 12-51-21. However, failure to file
				  this notice of contest which must be postmarked or if not mailed, received by
				  the director within ten calendar days of the date of posting of the petition or
				  of service upon a designated representative shall constitute a waiver of any
				  further right to object to the petition. If not mailed, the date of receipt by
				  the director shall be the date stamped on the contest by the
				  director.
(c) The director shall
				  advise the appeals board of a notice of contest upon receipt of any notice of
				  contest.
(d) The appeals board
				  shall afford an opportunity for a hearing on any notice of contest. The
				  affected employees or their designated representatives shall be provided an
				  opportunity to participate as parties to hearings on notices of
				  contest.
(e) At any hearing on a
				  notice of contest of an employer petition for a modification of the correction
				  period, the employer shall have the burden of proving the requirements for a
				  petition in section 12-51-17(a).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-19 - Employer contests of citation, proposed penalty or both

Current through June, 2024
Any employer to whom a citation and notice of proposed
					 penalty has been issued may petition the director for review of the citation
					 and notice pursuant to the rules of the appeals board within twenty days of the
					 receipt by the employer of the notice of proposed penalty. Each notice of
					 contest shall specify whether it is regarding the citation, the proposed
					 penalty, or both. This petition shall be an original, and shall be served on
					 the director and must be postmarked, or if not mailed, received by the director
					 within twenty calendar days of the receipt by the employer of the citation and
					 notice of proposed penalty. If not mailed, the date of receipt by the director
					 shall be the date stamped on the contest by the director. The department will
					 forward a copy of the petition to the appeals board. A de novo hearing shall be
					 held by the appeals board. Copies of each contest petition shall be posted
					 where they shall be readily observed by all affected
					 employees.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-20 - Failure to correct a violation

Current through June,
				  2024
(a) If an
				  inspection discloses that an employer has failed to correct an alleged
				  violation for which a citation has been issued within the period permitted for
				  its correction, the director may consult with the attorney general, and the
				  director shall notify the employer, by certified mail or by personal service by
				  a safety and health compliance officer, of the failure and of the additional
				  penalty proposed under chapter
				  396-10,
				  HRS, by reason of the failure.
(b)
				  Any employer receiving a notification of failure to correct a violation and of
				  the proposed additional penalty may petition the director to review the order
				  pursuant to the rules of the appeals board. The petition must be postmarked or
				  if not mailed, received by the director within twenty calendar days of the
				  receipt by the employer of the notification of failure to correct a violation
				  and of the proposed additional penalty. If not mailed, the date of receipt by
				  the director shall be the date stamped on the contest by the director. Copies
				  of each contest petition shall be posted where they will be readily observable
				  by all affected employees and a copy shall be provided to their designated
				  representative.
(c) Each
				  notification of the failure to correct a violation and of the proposed
				  additional penalty shall state that it shall be the final order and not subject
				  to review by any court or agency unless, within twenty calendar days from the
				  date of receipt of the notification, the employer petitions in accordance with
				  section 12-51-19, the director for review of the order in accordance with the
				  law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-21 - Informal conferences

Current through June,
				  2024
At the request of an affected employer, employee, or their
					 respective designated representative, the director may hold an informal
					 conference for the purpose of discussing any issues raised by an inspection,
					 citation, notice of proposed penalty, or notice of intention to contest.
(1) If the conference is requested by the
				  employer, an affected employee or their designated representative shall be
				  afforded an opportunity to participate, at the discretion of the
				  director.
(2) If the conference is
				  requested by an employee or their designated representative, the employer shall
				  be afforded an opportunity to participate, at the discretion of the
				  director.
(3) Any party may be
				  represented by counsel at the conference.
(4) No informal conference or request for an
				  informal conference shall operate as a stay of any twenty-day period for filing
				  a petition for appeal under section 12-51-19.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES › Section 12-51-22 - Abatement verification

Current through June,
				  2024
(a) Purpose.
				  HIOSH's inspections are intended to result in the abatement of violations of
				  the Hawaii occupational safety and health act. This section sets forth the
				  procedures HIOSH will use to ensure abatement. These procedures are tailored to
				  the nature of the violation and the employer's abatement actions.
(b) Scope and application. This section
				  applies to employers who receive a citation for a violation of the Hawaii
				  occupational safety and health law, chapter 396, HRS.
(c) Definitions.
(1) Abatement means action by an employer to
				  comply with a cited standard or regulation or to eliminate a recognized hazard
				  identified by HIOSH during an inspection.
(2) Abatement date means:
(A) For an uncontested citation item, the
				  later of:
(i) The date in the citation for
				  abatement of the violation;
(ii)
				  The final date established as a result of a petition for modification of the
				  abatement date (PMA); or
(iii) The
				  date established in a citation by an informal settlement agreement.
(B) For a contested citation item
				  for which the Hawaii labor and industrial relations appeals board has issued a
				  final order affirming the violation, the later of:
(i) The date identified in the final order
				  for abatement;
(ii) The date
				  computed by adding the period allowed in the citation for abatement to the
				  final order date; or
(iii) The date
				  established by a formal settlement agreement.
(3) Affected employees means those employees
				  who are exposed to the hazard(s) identified as violation(s) in a
				  citation.
(4) Final order date
				  means:
(A) For an uncontested citation item,
				  the twentieth calendar day after the employer's receipt of a
				  citation;
(B) For a contested
				  citation item:
(i) The thirtieth day after
				  the date on which a decision or order of the Hawaii labor and industrial
				  relations appeals board has been filed; or
(ii) The thirtieth day after the date on
				  which an appropriate State court issues a decision affirming the
				  violation.
(5) Movable equipment means any machine or
				  device, powered or unpowered, that is used to do work and is capable of being
				  moved within or between worksites.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 52.1 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Section 12-52.1-1 - State amendments to 29 C.F.R. Section 1904

Current through
				  June, 2024
(a)29
				  C.F.R. §
											1904.1(a)(1) is
				  amended to read as follows:
Basic requirement.
(1) If your company had ten (10) or fewer
				  employees at all times during the last calendar year, you do not need to keep
				  OSHA injury and illness records unless HIOSH, OSHA, or the Bureau of Labor and
				  Statistics (BLS) informs you in writing that you must keep records under
				  §1904.37, §1904.41, or §1904.42. However, as required by §1904.39 all employers
				  covered by chapter
				  396, HRS, Hawaii Occupational Safety
				  and Health Law, must report to HIOSH any workplace incident that results in an
				  employee fatality or the inpatient hospitalization of an employee, employee's
				  amputation, employee's loss of an eye, or property damage in excess of
				  $25,000.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 52.1 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Section 12-52.1-2 - Incorporation of federal standard

Current through June,
				  2024
Title 29, Part 1904 of the Code of Federal Regulations,
					 2016 Edition published as of July 1, 2016, by the US Government Printing
					 Office, U.S. Superintendent of Documents, Washington, DC 204020001, is made
					 part of this chapter, except as provided in section
					 12-52.1-1.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 1 - GENERAL › Section 12-53-1 - Purpose and scope

Current through June, 2024
This chapter contains rules of practice for
						administrative proceedings to grant variances and other relief under the
						law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 1 - GENERAL › Section 12-53-2 - Effect of variances

Current through June,
					 2024
All variances granted pursuant to this chapter shall have
						only future effect. The director may decline to entertain an application for a
						variance on a subject or issue for which a citation has been issued to the
						employer involved and a proceeding on the citation or a related issue
						concerning a proposed penalty or period of abatement is pending before the
						appeals board until the completion of the proceeding.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 1 - GENERAL › Section 12-53-3 - Public notice of a granted variance

Current through June,
					 2024
(a) Every final
					 action granting a variance shall be published for general circulation in the
					 State at least once within three weeks following the action. Every final action
					 shall specify the alternative to the standard involved which the particular
					 variance permits.
(b) The applicant
					 shall pay for the publication cost of publishing the granted variance notice as
					 required in section 12-56-3 prior to the public notice being
					 published.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 1 - GENERAL › Section 12-53-4 - Form of documents

Current through June,
					 2024
(a) No particular
					 form is prescribed for an application, which may be filed in proceedings under
					 this chapter. Any application and supporting documentation, if any shall be
					 clearly legible and one original and one copy shall be filed. The original
					 shall be typewritten, and the copy may be carbon, printed, or processed. An
					 application shall be considered complete when it contains comprehensive
					 information to satisfy the requirements of sections 12-53-6 or
					 12-53-7.
(b) Each application or
					 any other paper which is filed in proceedings under this section shall be
					 signed by the person filing or an attorney, or by any other authorized
					 representative.
Applications.
(1) If an application filed pursuant to
					 sections 12-53-6 or 12-53-7 is incomplete or does not conform to the applicable
					 section, the director may deny the application.
(2) Notice of the denial of an application
					 shall be given to the applicant within ninety days of the director's receipt of
					 the application packet.
(3) A
					 notice of denial shall include a brief statement of the grounds for the
					 denial.
(4) A denial of an
					 application shall be without prejudice to the filing of another
					 application.
(5) If an application
					 is accepted, the applicant will be so notified by telephone, facsimile
					 transmission, or letter within ninety days of the submission of the complete
					 application to the director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 2 - APPLICATION FOR VARIANCES AND OTHER RELIEF › Section 12-53-7 - Variances and other relief for use of alternate safety practices, etc

Current through June, 2024
(a) Any employer, or class of employers,
					 desiring a variance for use of alternative safety procedures shall file a
					 written application with the director.
(b) An application filed pursuant to
					 subsection (a) above shall be in writing and shall include:
(1) The name and address of the
					 applicant;
(2) The address of the
					 place or places of employment involved;
(3) A description of the conditions,
					 practices, means, methods, operations, or processes used or proposed to be used
					 by the applicant;
(4) A statement
					 showing how the conditions, practices, means, methods, operations, or processes
					 used or proposed to be used would provide employment and places of employment
					 to employees which are as safe and healthful as those required by the standard
					 from which a variance is sought;
(5) A certification that the applicant has
					 informed employees of the application by:
(A)
					 Giving a copy to their designated representatives;
(B) Posting a statement giving a summary of
					 the application and specifying where a copy may be examined, at the place or
					 places where notices to employees are normally posted (or in lieu of the
					 summary, the posting of the application itself); and
(C) Other appropriate means.
(6) A description of how employees
					 have been informed of the application and of their right to petition the
					 director for a hearing; and
(7)
					 When the requested variance would be applicable to employment or places of
					 employment in more than one state and concerns a Hawaii OSH standard or portion
					 thereof, identical in requirements and substance to a federal standard, the
					 applicant shall:
(A) Identify the identical
					 federal standard;
(B) Certify
					 whether or not the applicant has filed for such a variance, on the same facts,
					 with the Assistant Secretary for Occupational Safety and Health, U.S.
					 Department of Labor; and
(C)
					 Certify whether or not any citations for violations of the identical federal
					 standard, or portion thereof, have been issued to the applicant by the federal
					 government. If citations have been issued, copies of the citations shall be
					 included.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 2 - APPLICATION FOR VARIANCES AND OTHER RELIEF › Section 12-53-8 - Modification, revocation, and renewal of rules and orders

Current
					 through June, 2024
(a)
					 An employer or an affected employee may apply in writing to the director for a
					 modification or revocation of a rule, standard, or order issued under sections
					 12-53-6 or 12-53-7. The application shall contain:
(1) The name and address of the
					 applicant;
(2) A description of the
					 relief, which is sought;
(3) A
					 statement setting forth with particularity the grounds for relief;
(4) Certification, if the applicant is an
					 employer, which the applicant has informed affected employees of the
					 application by:
(A) Giving a copy to their
					 designated representatives;
(B)
					 Posting at the place where notices to employees are normally posted, a
					 statement giving a summary of the application and specifying where a copy of
					 the full application may be examined (or, in lieu of the summary, posting the
					 application itself); and
(C) Other
					 appropriate means.
(5) A
					 certification, if the applicant is an affected employee, that a copy of the
					 application has been furnished to the employer; and
(6) Any request for a hearing under
					 subchapter 3 of this chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 2 - APPLICATION FOR VARIANCES AND OTHER RELIEF › Section 12-53-9 - Action on applications

Current through June,
					 2024
(a) Defective
					 applications.
(1) If an application filed
					 pursuant to sections 12-53-6 or 12-53-7 is incomplete or does not conform to
					 the applicable section, the director may deny the application.
(2) Prompt notice of the denial of an
					 application shall be given to the applicant within ninety days of the
					 director's receipt of the application packet.
(3) A notice of denial shall include a brief
					 statement of the grounds for the denial.
(4) A denial of an application shall be
					 without prejudice to the filing of another application.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 2 - APPLICATION FOR VARIANCES AND OTHER RELIEF › Section 12-53-10 - Requests for hearing on applications

Current through June,
					 2024
(a) Within the
					 twenty day time period allowed by a notice of the filing of an application, any
					 affected employer or employee may file with the director, a written request for
					 a hearing on the application.
(b) A
					 request for a hearing filed pursuant to subsection (a) above shall include:
(1) A concise statement of facts showing how
					 the employer or employee would be affected by the relief for which the
					 application was made;
(2) A
					 specification of any statement or representation in the application which is
					 being challenged, and a concise summary of the evidence rebutting any statement
					 or representation made within the application with specific reference to the
					 statement or representation being challenged; and
(3) Any views or arguments on any issue of
					 fact or law presented.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 2 - APPLICATION FOR VARIANCES AND OTHER RELIEF › Section 12-53-11 - Consolidation of proceedings

Current through June,
					 2024
The director may consolidate or contemporaneously
						consider two or more proceedings, which involve the same or closely related
						issues.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-12 - Notice of hearing

Current through June,
					 2024
(a) Upon request
					 for a hearing pursuant to this chapter, the director shall serve reasonable
					 notice of hearing.
(b) A notice of
					 hearing shall include:
(1) The time, place,
					 and nature of the hearing;
(2) The
					 legal authority under which the hearing is to be held;
(3) A specification of issues of fact and
					 law; and
(4) A designation of a
					 hearing examiner appointed by the director to preside over the
					 hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-13 - Manner of service

Current through June,
					 2024
Service of any document upon any party may be made by
						personal delivery, or by mailing to the last known address of the party. The
						person serving the document shall certify to the manner and the date of the
						service.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-14 - Hearing examiners; powers and duties

Current through June,
					 2024
(a) A hearing
					 examiner designated to preside over a hearing shall have all powers necessary
					 or appropriate to conduct a fair, full, and impartial hearing, including the
					 powers to:
(1) Administer oaths and
					 affirmations;
(2) Rule upon offers
					 of proof and receives relevant evidence;
(3) Provide for discovery and to determine
					 its scope;
(4) Regulate the course
					 of the hearing and the conduct of the parties and their counsel;
(5) Consider and rule upon procedural
					 requests;
(6) Hold conferences for
					 the settlement or simplification of the issues by consent of the
					 parties;
(7) Make or to cause to be
					 made, an inspection of the employment or place of employment
					 involved;
(8) Make decisions in
					 accordance with this chapter and chapters
					 91 and
					 396, HRS; and
(9) Take any other appropriate action
					 authorized by chapters
					 91 and
					 396, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-15 - Prehearing conferences

Current through June,
					 2024
(a) Upon a hearing
					 examiner's own motion or the motion of a party, the examiner may direct the
					 parties or their counsel to meet with the examiner for a prehearing conference
					 to consider:
(1) Simplification of the
					 issues;
(2) Necessity or
					 desirability of amendments to documents for purposes of clarification,
					 simplification, or limitation;
(3)
					 Stipulation, admissions of fact, and contents and authenticity of
					 documents;
(4) Limitations of the
					 number of parties and of expert witnesses; and
(5) Other matters to expedite the disposition
					 of the proceeding and to assure a just conclusion.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-16 - Consent findings and rules or orders

Current through June,
					 2024
(a) At any time
					 before the reception of evidence in any hearing or during any hearing, a
					 reasonable opportunity may be given to permit the negotiation by the parties of
					 an agreement containing consent findings and a rule or order disposing of the
					 whole or any part of the proceeding. The allowance of the opportunity shall be
					 at the discretion of the presiding hearing examiner, after consideration of the
					 nature of the proceeding, the requirements of the public interest, the
					 representations of the parties, and the probability of an agreement, which will
					 result in a just disposition of the issues.
(b) Any agreement containing consent findings
					 and rule or order disposing of a proceeding shall also provide:
(1) That the rule or order shall have the
					 same force and effect as if made after a full hearing;
(2) That the entire record on which any rule
					 or order may be based shall consist solely of the application and the
					 agreement;
(3) A waiver of any
					 further procedural steps before the hearing examiner and the director or
					 designee; and
(4) A waiver of any
					 right to challenge or contest the validity of the findings and of the rule or
					 order made in accordance with the agreement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-17 - Discovery

Current through June, 2024
(a) For reasons of unavailability or for
					 other good cause shown, the testimony of any witness may be taken by
					 deposition. Depositions may be taken orally or upon written interrogatories
					 before any person designated by the presiding hearing examiner and having power
					 to administer oaths.
(b) Any party
					 desiring to take the deposition of a witness may make application in writing to
					 the presiding hearing examiner, setting forth:
(1) The reasons why the deposition should be
					 taken;
(2) The time when, the place
					 where, and the name and post office address of the person before whom the
					 deposition is to be taken;
(3) The
					 name and address of each witness; and
(4) The subject matter concerning which each
					 witness is expected to testify.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-18 - Hearings

Current through June, 2024
(a) Except as may be ordered otherwise by the
					 presiding hearing examiner, the party applicant for relief shall proceed first
					 at a hearing.
(b) The party
					 applicant shall have the burden of proof.
(c) A party shall be entitled to present the
					 case or defense by oral or documentary evidence, to submit rebuttal evidence,
					 and to conduct such cross-examination as may be required for a full and true
					 disclosure of the facts. Any oral or documentary evidence may be received, but
					 a presiding hearing examiner shall exclude evidence, which is irrelevant,
					 immaterial, or unduly repetitious.
(d) The testimony of a witness shall be upon
					 oath or affirmation administered by the presiding hearing examiner.
(e) If a party objects to the admission or
					 rejection of any evidence, or to the limitation of the scope of any examination
					 or cross-examination, or to the failure to limit the scope, the party shall
					 state briefly the grounds for the objection. Rulings on all objections shall
					 appear in the record. Only objections made before the presiding hearing
					 examiner may be relied upon subsequently in a proceeding.
(f) Formal exception to an adverse ruling is
					 not required.
(g) Official notice
					 may be taken of any material fact not appearing in evidence in the record,
					 which is among the traditional matters of judicial notice or concerning which
					 the department by reason of its functions is presumed to be expert; provided,
					 that the parties shall be given adequate notice, at the hearing or by reference
					 in the presiding hearing examiner's decision, of the matters so noticed, and
					 shall be given adequate opportunity to show the contrary.
(h) The hearing shall be stenographically
					 reported. Copies of the transcript may be obtained by the parties upon written
					 application filed with the reporter, and upon the payment of fees at the rate
					 provided in the agreement with the reporter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-19 - Decisions of hearing examiners

Current through June,
					 2024
(a) Within ten days
					 after receipt of notice that the transcript of the testimony has been filed or
					 such additional time as the presiding hearing examiner may allow, each party
					 may file with the hearing examiner proposed findings of fact, conclusions of
					 law, rule, or order, together with a supporting brief expressing the reasons
					 for the proposals. The proposals and brief shall be served on all other
					 parties, and shall refer to all portions of the record and to all authorities
					 relied upon in support of each proposal.
(b) Within ninety days after the filing of
					 proposed findings of facts, conclusions of law, rule, or order, the presiding
					 hearing examiner shall make and serve the decision upon each party. The
					 decision of the hearing examiner shall include:
(1) A statement of findings and conclusions
					 with reasons and based upon each material issue of fact, law, or discretion
					 presented on the record; and
(2)
					 The appropriate rule, order, relief, or denial.
The decision of the hearing examiner shall be based upon
						a consideration of the whole record and shall state all facts officially
						noticed and relied upon.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-20 - Appeals

Current through June, 2024
Within twenty days after service of a decision of a
						presiding hearing examiner, any party may file with the hearings examiner a
						written motion for reconsideration. Any additional supporting documentation
						that the requestor would like to submit shall be submitted along with the
						request for reconsideration. A reconsideration hearing determination decision
						will be issued within ninety days of the reconsideration hearing.
Within twenty days after service of the decision of a
						reconsideration hearing, any party may file a written notice of contest with
						the director. Upon receipt, the director shall advise the appeals board of any
						notice of contest.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-21 - Transmission of record

Current through June,
					 2024
If exceptions are filed, the hearing examiner shall
						transmit the record of the proceeding to the director. The record shall
						include: the application, any request for hearing, motions and requests filed
						in written form, rulings, the transcript of the testimony taken at the hearing,
						together with the exhibits admitted to evidence, any documents or papers filed
						in connection with prehearing conferences, proposed findings of fact,
						conclusions of law, rules or orders, and supporting reasons, as may have been
						filed, the hearing examiner's decision, and exceptions, statements of
						objections, and briefs in support, as may have been filed in the
						proceeding.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 3 - HEARINGS › Section 12-53-22 - Decision of the director

Current through June,
					 2024
If exceptions to a decision of a hearing examiner are
						taken pursuant to section
						12-53-20, the director shall
						consider them, together with the record references and authorities cited in
						support, and any objections to exceptions and supporting reasons, then make a
						decision. The decision may affirm, modify, or set aside, in whole or part, the
						findings, conclusions, and the rule or order contained in the decision of the
						presiding hearing examiner, and shall include a statement of reasons or basis
						for the actions taken on each exception presented.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 4 - SUMMARY DECISIONS › Section 12-53-23 - Motion for summary decision

Current through June,
					 2024
(a) Any party may,
					 at least thirty days before the date fixed for any hearing under subchapter 3
					 of this chapter, move with or without supporting affidavits for a summary
					 decision on all or any part of the proceeding. Any other party may, within ten
					 days after service of the motion, serve opposing affidavits or countermove for
					 summary decision. The presiding hearing examiner may, at his or her discretion,
					 set the matter for argument and call for the submission of briefs.
(b) The filing of any documents pursuant to
					 subsection (a) above shall be with the hearing examiner, and copies of any
					 documents shall be served in accordance with section 12-53-13.
(c) The hearing examiner may grant the motion
					 pursuant to section 12-53-24 if the pleadings, affidavits, material obtained by
					 discovery or otherwise obtained, or matters officially noticed show that there
					 is no genuine issue as to any material fact and that a party is entitled to
					 summary decision. The hearing examiner may deny the motion whenever the moving
					 party denies access to information by means of discovery to a party opposing
					 the motion.
(d) Affidavits shall
					 set forth the facts as would be admissible in evidence in a proceeding under
					 chapter
					 91, HRS, and shall show affirmatively
					 that the affiant is competent to testify. When a motion for summary decision is
					 made and supported as provided in this section a party opposing the motion may
					 not rest upon the mere allegations or denials of his or her pleading but shall
					 respond by setting forth specific facts showing that there is a genuine issue
					 of fact for the hearing.
(e) Should
					 it appear from the affidavits of a party opposing the motion that, for reasons
					 stated, facts essential to justify the opposition cannot be presented, the
					 hearing examiner may deny the motion for summary decision, order a continuance
					 to permit affidavits to be obtained or discovery to be had, or make another
					 order.
(f) The denial of all or any
					 part of a motion for summary decision by the hearing examiner shall not be
					 subject to interlocutory appeal to the director unless the hearing examiner
					 certifies in writing that the ruling involves an important question of law or
					 policy as to which there is substantial ground for difference of opinion and
					 that an immediate appeal from the ruling may materially advance the ultimate
					 termination of the proceeding. The allowance of an interlocutory appeal shall
					 not stay the proceeding before the hearing examiner unless the director, or
					 designee, shall so order.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 4 - SUMMARY DECISIONS › Section 12-53-24 - Summary decision

Current through June,
					 2024
(a) Where no
					 genuine issue of a material fact is found to have been raised, the hearing
					 examiner may issue an initial decision to become final twenty days after
					 service unless within the period of time any party has filed written exceptions
					 to the decision. If any timely exception is filed, the hearing examiner shall
					 fix a time for filing any objections to the exception and any supporting
					 reasons. The director, after consideration of the exceptions and any supporting
					 briefs filed and of any objections to the exceptions and any supporting
					 reasons, may issue a final decision.
(b) An initial decision and a final decision
					 made pursuant to subsection (a) above shall include a statement of:
(1) Findings and conclusions, and the reasons
					 or basis on all issues presented; and
(2) The terms and conditions of the rule or
					 order made.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 5 - EFFECT OF INITIAL DECISIONS › Section 12-53-25 - Appeal of a hearing examiner's decision

Current through June,
					 2024
A hearing examiner's decision under this chapter shall
						not be operative unless it becomes final pursuant to section
						12-53-19(b).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 53 - RULES OF PRACTICE FOR VARIANCE › Subchapter 5 - EFFECT OF INITIAL DECISIONS › Section 12-53-26 - Finality for appeals board review

Current through June,
					 2024
Only a decision by the director shall be final department
						action for purposes of appeals board review. A decision by a hearing examiner,
						which becomes final for lack of appeal is not final department action for
						purposes of appeal board review or judicial review, or both.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-1 - Purpose and scope

Current through June, 2024
This chapter concerns the adoption, amendment, and repeal
					 of rules referred to as "rulemaking". This chapter is intended to comply with
					 provisions of chapter
					 396 and chapter
					 91, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-2 - Petition

Current through June, 2024
(a) Any interested person may petition the
				  department for the adoption, amendment, or repeal of any rule or standard by
				  submitting a written request to the director. A copy of the request shall be
				  submitted to the division. The request shall set forth:
(1) The text of the rule proposed for
				  adoption, amendment or repeal;
(2)
				  The reasons for and the intended effect of the proposed rulemaking;
(3) Any facts, views, and arguments in
				  support of the proposed rulemaking; and
(4) The name, address, and phone number of
				  the person making the request.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION › Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS › Chapter 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS › Section 12-54-3 - Additional or alternative procedural requirements

Current through
				  June, 2024
Upon reasonable notice to interested persons, the
					 department may prescribe additional or alternative
					 procedures.