reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-308 - Discriminatory financial practices

Current through June,
				2024
It is a discriminatory practice for a person, a
				  representative of such person, or a real estate broker, appraiser, or
				  salesperson, to whom an inquiry or application is made for financial assistance
				  in connection with a real estate transaction or for construction,
				  rehabilitation, repair, maintenance, or improvement of real property, because
				  of a protected basis:
(1) To
				discriminate against the applicant;
(2) To use a form of application for
				financial assistance or to make or keep a record or inquiry in connection with
				applications for financial assistance which indicates, directly or indirectly,
				an intent to make a limitation, specification, or discrimination due to the
				person's protected basis, unless such records are required by federal
				law;
(3) To discriminate in the
				making or purchasing of loans or the provision of other financial assistance
				for purchasing, constructing, improving, repairing, or maintaining a housing
				accommodation, or the making or purchasing of loans or the provision of other
				financial assistance secured by residential real estate; or
(4) To discriminate in the selling,
				brokering, or appraising of residential real property.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-309 - Blockbusting

Current through June, 2024
It is a discriminatory practice for a person, representative
				  of a person, real estate broker, appraiser, or salesperson for the purpose of
				  inducing a real estate transaction because of a protected basis:
(1) To represent that a change has occurred
				or will or may occur in the composition of the owners or occupants in the
				block, neighborhood, or area in which the real property is located;
				or
(2) To represent that this
				change will or may result in the lowering of property values, an increase in
				criminal or antisocial behavior, or a decline in the quality of the schools in
				the block, neighborhood, or area in which the real property is located;
if such person, representative, broker, appraiser, or
				  salesperson may benefit financially from the transaction, regardless of actual
				  financial gain.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-310 - Prohibited interference, coercion, or intimidation

Current
				through June, 2024
It is a discriminatory practice for a person, or for two or
				  more persons to conspire:
(1) To
				retaliate, threaten, or discriminate against a person because of the exercise
				or enjoyment of any right granted or protected by this subchapter, or because
				the person has opposed a discriminatory practice, or because the person has
				made a charge, filed a complaint, testified, assisted, or participated in an
				investigation, proceeding, or hearing under this subchapter;
(2) To aid, abet, incite, or coerce a person
				to engage in a discriminatory practice;
Example:
A newspaper by publishing an advertisement which states a
				  preference based upon a protected basis has aided a person engaging in a
				  discriminatory practice.
(3) To interfere with any person in the
				exercise or enjoyment of any right granted or protected by this subchapter or
				with the performance of a duty or the exercise of a power by the
				commission;
(4) To obstruct or
				prevent a person from complying with this subchapter or an order issued
				thereunder;
(5) To intimidate or
				threaten any person engaging in activities designed to make other persons aware
				of rights granted or protected by this subchapter or encouraging such other
				persons to exercise such rights; or
(6) To threaten, intimidate, or interfere
				with persons in their enjoyment of a housing accommodation, or visitors or
				associates of such persons, because of the person's protected basis.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-311 - Other discriminatory practices

Current through June,
				2024
(a) An attempt to
				commit, directly or indirectly, a discriminatory practice is a discriminatory
				practice.
(b) A party to a
				conciliation agreement made under chapter
				515, HRS, or this subchapter, who
				violates the terms of such agreement, has committed a discriminatory
				practice.
(c) It is a
				discriminatory practice for an owner or any other person engaging in a real
				estate transaction, or for a real estate broker or salesperson to print,
				circulate, post, or mail, or cause to be published a statement, advertisement,
				or sign, or to use a form of application for a real estate transaction, or to
				make a record or inquiry in connection with a prospective real estate
				transaction, which indicates, directly or indirectly, an intent to make a
				limitation, specification, or discrimination because of a person's protected
				basis.
(d) It is a discriminatory
				practice for an owner or any other person engaging in a real estate
				transaction, or for a real estate broker or salesperson to offer, solicit,
				accept, use, or retain a listing of real property with the understanding that a
				person may be discriminated against because of a person's protected basis in a
				real estate transaction or in the furnishing of facilities or services in
				connection therewith.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-312 - Restrictive covenants and conditions

Current through June,
				2024
(a) Every provision
				in an oral agreement or a written instrument relating to real property which
				purports to forbid or restrict the conveyance, encumbrance, occupancy, use, or
				lease thereof to individuals because of their protected basis is
				void.
(b) Every condition,
				restriction, or prohibition, including a right of entry or possibility of
				reverter, which directly or indirectly limits the use or occupancy of real
				property because of a protected basis is void, except a limitation, on the
				basis of religion, in the use of real property held by a religious institution
				and used for religious or charitable purposes.
(c) It is a discriminatory practice to insert
				in a written instrument relating to real property a provision that is void
				under this section or to honor such a provision in the chain of
				title.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-313 - Exemptions

Current through June, 2024
(a) Sections 12-46-305,-306, and-307 do not
				apply:
(1) To the rental of a housing
				accommodation in a building which contains housing accommodations for not more
				than two families living independently of each other if the owner or lessor
				resides in one of the two housing accommodations; or
(2) To the rental of a room or up to four
				rooms in a housing accommodation by an owner or lessor if the owner or lessor
				resides therein.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-314 - Religious institutions

Current through June,
				2024
It is not a discriminatory practice for a religious
				  institution in a real estate transaction conducted for charitable or religious
				  purposes to give preference to members of the same religion.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-315 - Public contractors

Current through June,
				2024
(a) In the case of
				a respondent who is found by the commission to have engaged in a discriminatory
				practice in the course of performing under a contract or subcontract with the
				State or a county, or agency thereof, if the discriminatory practice was
				authorized, requested, commanded, performed, or knowingly or recklessly
				tolerated by the board of directors of the respondent or by an officer or
				executive agent acting within the scope of the officer's or agent's employment,
				the commission shall mail or serve a certified copy of a commission decision
				finding that respondent has engaged in a discriminatory practice to the
				contracting agency. Unless the commission's finding of a discriminatory
				practice is reversed in the course of judicial review, the finding of
				discrimination is binding on the contracting agency.
(b) Upon receiving a certified copy of the
				decision under subsection (a), a contracting agency may take appropriate action
				to:
(1) Terminate a contract, or portion
				thereof, previously entered into with the respondent, either absolutely or on
				condition that the respondent carry out a program of compliance with this
				subchapter; and
(2) Assist the
				State and all counties, and agencies thereof, to refrain from entering into
				further contracts, or extensions or other modifications of existing contracts,
				with the respondent until the commission is satisfied that the respondent will
				carry out policies in compliance with this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-316 - Responsibility for discriminatory practices

Current through June,
				2024
A person may be liable for discriminatory practices made
				  unlawful under this subchapter including, but not limited to, the following
				  situations:
(1) An owner, any person
				engaging in a real estate transaction, or a real estate broker or salesperson
				is liable for any of its acts which constitute a discriminatory practice under
				this subchapter.
(2) An owner, any
				person engaging in a real estate transaction, or a real estate broker or
				salesperson may be liable for the acts of agents or persons acting on their
				behalf regardless of whether the specified acts were authorized or even
				forbidden, if the owner, any person engaging in a real estate transaction, or a
				real estate broker or salesperson knew or should have known of their
				occurrence. The commission will examine the circumstances of the particular
				agency or employment relationship and job functions of the person in
				determining whether the person acted as an agent or on behalf of the owner, any
				person engaging in a real estate transaction, or a real estate broker or
				salesperson.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-317 - Causation standard

Current through June,
				2024
In determining whether a discriminatory practice constituting
				  disparate treatment has been committed under this subchapter, it must be shown
				  by a preponderance of the evidence:
(1) That a causal connection existed between
				a person's protected basis and the alleged discriminatory conduct;
				and
(2) That the protected basis
				was any part of the reason for the conduct.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12-47-1 - Purpose and short title

Current through June,
				2024
These rules govern the practice and procedure before the
				  labor and industrial relations appeals board. They shall be construed to secure
				  the just, speedy, and inexpensive determination of every proceeding. These
				  rules may be cited as "LAB Rules".
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12-47-2 - Definitions

Current through June, 2024
As used in this chapter, except as otherwise required by
				  context:
"Board" means the labor and industrial relations appeals
				  board.
"Chairperson" means the chair of the board.
"Chief clerk" means the individual designated to receive,
				  record, and preserve the records of the board.
"Claimant" means a person who files a claim for benefits
				  under chapter
				  386, HRS.
"Complainant" means a person filing a complaint under any
				  statute granting jurisdiction to the board.
"Contested case" shall be as defined in section
				  91-1(5),
				  HRS.
"Director" means the director of labor and industrial
				  relations.
"HRS" means the Hawaii Revised Statutes.
"Intervenor" means a person who moves to intervene in a
				  contested case and is admitted as a party.
"Member" means a member of the board.
"Movant" means a party that applies for a ruling or an order
				  from the board.
"Party" shall be as defined in section
				  91-1(3),
				  HRS, and any other person whose name appears in the title of the case.
"Person" means an individual, corporation, government or
				  governmental subdivision or agency, business trust, estate, trust, partnership,
				  association, or any other legal entity.
"Petitioner" means a person who files an application seeking
				  permission or authorization which the board may grant under statutory or other
				  authority delegated to it.
"Presiding member" means any member who presides at a board
				  hearing in the chairperson's absence. Unless otherwise designated, the
				  chairperson is the presiding member.
"Proceeding" means any matter brought before the board or
				  initiated by the board which it has jurisdiction to entertain and dispose
				  of.
"Respondent" means a person against whom a complaint is
				  filed, under any statute granting jurisdiction to the board, or to whom an
				  order or notice is issued by the board instituting a proceeding.
"Trial" shall have the same meaning as the term agency
				  hearing, which term is defined in section
				  91-1(6),
				  HRS.
Words importing the singular may extend and be applied to
				  several persons or things, and words importing the plural may include the
				  singular.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12-47-3 - The board

Current through June, 2024
(a) The office of the board is at 888
				Mililani Street, Suite 400, Honolulu, Hawaii 96813. All communications to the
				board shall be sent to this address unless otherwise directed.
(b) The regular hours of the board shall be
				from 7:45 a.m. to 4:30 p.m. daily, except Saturdays, Sundays, and legal
				holidays, unless otherwise provided by statute or executive order.
(c) Decisions and orders of the board shall
				be signed by at least two members. Other board actions, including notices,
				subpoenas, and ministerial matters, may be issued under the signature of the
				chairperson, member, or chief clerk.
(d) All meetings of the board shall be open
				to the public except that the board may conduct its adjudicatory function and
				meet in executive session from which the public may be excluded.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-10 - Appearance and practice before the board

Current through June,
				2024
(a) An individual
				may appear in his or her own behalf; a partner may represent the partnership; a
				bona fide officer of a corporation, trust, or association may represent the
				corporation, trust, or association; and an officer or employee of the State or
				a political subdivision of the State may represent the agency in any proceeding
				before the board.
(b) A person may
				be represented by an attorney or other duly appointed representative,
				including, but not limited to, insurance representatives and union
				representatives in any proceeding under this chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-11 - Standards of conduct

Current through June,
				2024
(a) Any person who
				signs a pleading, brief, or document, enters an appearance at a proceeding, or
				transacts business with the board, by that act represents the following:
(1) That the person is lawfully authorized to
				so act;
(2) That the person shall
				comply with the laws of this State, and the rules of this board; and
(3) That the person shall maintain the
				respect due the board and shall not deceive or knowingly present any false
				statements of fact or law to the board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-12 - Time for filing documents

Current through June,
				2024
All pleadings, briefs, and other documents required to be
				  filed shall be filed with the board during the regular hours of the board. The
				  file stamped date on the document shall be regarded as the date of
				  filing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-13 - Format for pleadings and other documents

Current through June,
				2024
(a) Pleadings,
				briefs, and other documents shall be typewritten upon paper
				8-1/2 x 11
				inches in size. Tables, maps, charts, exhibits, or appendices may be larger but
				shall be folded to that size where practical. The impression shall be double
				spaced, except that footnotes and quotations in excess of a few lines may be
				single spaced. Reproduction may be by any process which makes clear and
				permanently legible copies. A facsimile shall not be allowed as a substitute
				for an original, where an original document is required.
(b) Pleadings, briefs, and other documents
				shall show the title of the case, the docket number, the nature of the
				document, and the name, address, and telephone number of the person or attorney
				filing the document.
(c) The
				original of each document, including appeals, complaints, answers, motions,
				notices, briefs, and amendments shall be signed and dated in black ink by each
				party or its authorized representative. Any handwritten entries on documents
				shall also be in black ink and signed to acknowledge responsibility.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-14 - Custody of records

Current through June,
				2024
The chief clerk or designee shall have custody of the board's
				  official records of cases on appeal and shall be responsible for the
				  maintenance and custody of the docket files, including, but not limited to,
				  transcripts, exhibits, decisions, orders, rules, and approved
				  forms.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-15 - Retention of documents by the board

Current through June,
				2024
During the pendency of the appeal, all documents filed with
				  or presented to the board shall be retained in the files of the board. The
				  board may, however, permit the withdrawal of original documents upon submission
				  of properly authenticated copies to replace the documents.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-16 - Copies

Current through June, 2024
Unless otherwise required, each party shall file with the
				  board an original and one copy of a notice of appeal, and an original of each
				  complaint, or other pleading and any amendment to an appeal, complaint, or
				  other pleading. The chairperson may require that additional copies be provided
				  or additional persons be served.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-17 - Defective documents

Current through June,
				2024
Any document filed with the board, which is not in compliance
				  with applicable rules, orders, or statutes may be accepted by the chief clerk
				  or designee and filed. The mere fact of filing, however, shall not waive any
				  failure to comply with this chapter or any other legal
				  requirement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-18 - Service of process

Current through June,
				2024
(a) The chief clerk
				or designee shall serve all decisions, orders, notices, and other documents
				issued by the board, together with any other documents that the board is
				required by law to serve. Upon request, the chief clerk or designee may effect
				service by placing a copy of the document in the attorney's jacket at the board
				if the party is represented by an attorney. All other documents shall be served
				by the party who files such document.
(b) Any person filing documents shall serve a
				copy upon each party or its duly appointed representative and shall attach a
				certificate of service on the filed original. Any representative entering an
				appearance after the commencement of a proceeding shall notify all other duly
				appointed representatives then of record and all parties not represented of
				that fact.
(c) Documents shall be
				served personally or, unless otherwise provided by law, by first class
				mail.
(d) Service upon a party
				shall be deemed complete upon the occurrence of at least one of the following:
(1) The party or its duly appointed
				representative is personally served;
(2) The document is delivered to the party's
				home or its duly appointed representative's office and left with a person of
				suitable age and discretion; or
(3)
				The document is properly stamped, addressed, and mailed to the last known
				address of the party on file with the board or to its duly appointed
				representative.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD › Section 12-47-19 - Computation of time

Current through June,
				2024
In computing any period of time specified under this chapter,
				  in a notice, or in any order of the board, the time begins with the day
				  following the act, event, or default and includes the last day of the period so
				  computed, unless it is a Saturday, Sunday, or holiday; in which event the
				  period runs until the end of the next day which is not a Saturday, Sunday or
				  holiday. As used in this chapter, "holiday" includes any day designated as such
				  by section
				  8-1,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-20 - Limitation of issues on appeal

Current through June,
				2024
The board may decline to hear and determine any issue which
				  the director in the decision on appeal did not decide or left for future
				  determination.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-21 - Initial conference

Current through June,
				2024
(a) Upon docketing
				an appeal, the board may convene an initial conference to consider:
(1) The simplification of issues;
(2) The necessity or desirability of
				amendments to pleadings;
(3) The
				possibility of obtaining stipulations of fact and documents to avoid
				unnecessary proof;
(4) Limiting the
				number of witnesses and disclosing the names of witnesses to be
				called;
(5) The position of each
				party, including the basic facts it intends to prove;
(6) Marking of exhibits for identification;
				and
(7) Other matters which may aid
				the efficient disposition of the proceeding.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-22 - Pretrial order

Current through June, 2024
(a) When an initial conference is held, the
				board may enter a pretrial order which recites the action taken at the
				conference, including:
(1) The agreements
				made by the parties as to any of the matters considered;
(2) The issues for hearing not otherwise
				disposed of by stipulation or agreement of the parties; and
(3) The discovery deadlines.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-23 - Dismissal for non-appearance

Current through June,
				2024
Where it appears that the appellant or complainant was served
				  with a notice of hearing or initial or settlement conference but fails to
				  appear at such hearing or conference, either in person, by attorney, or duly
				  appointed representative, the board may, after service of notice of intention
				  to dismiss, dismiss the appeal or may proceed and make a decision as is just
				  and proper.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-24 - Remand for director's determination of certain issues

Current
				through June, 2024
(a)
				The board may issue an order remanding any proceeding:
(1) For determination of an issue not decided
				by the director; or
(2) For such
				other action by the director as may serve the interests of the just, speedy,
				and inexpensive determination of the appeal.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-25 - Substitution of parties

Current through June,
				2024
Upon motion and for good cause shown, the board may order
				  substitution of parties, except that in the case of a party's death,
				  substitution may be ordered without filing a motion.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-26 - Joinder of parties

Current through June,
				2024
(a) The board may
				order the joinder of additional parties necessary for the full adjudication of
				the case. Motions to join additional parties shall be made within sixty days
				following the initial conference on the appeal. The board may permit joinder of
				additional parties beyond this period upon a showing of good cause.
(b) Upon the filing of the order of joinder,
				the board shall schedule another conference to clarify the issues on appeal and
				may, at that time, modify the discovery deadlines and hearing date.
(c) When written notice has been given to a
				party pursuant to section 12-10-74, Hawaii Administrative Rules, and that party
				has been afforded a reasonable opportunity to participate in the proceedings
				before the director, that party shall be deemed a party to the appeal and there
				shall be no necessity to file a motion to join that party in the proceeding
				before the board.
(d) When the
				special compensation fund is a captioned party in the director's decision, the
				special compensation fund shall be deemed a party to the appeal and there shall
				be no necessity to file a motion to join the special compensation fund in the
				proceeding before the board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-27 - Consolidation or separation

Current through June,
				2024
The board, upon its own initiative or upon motion, may
				  consolidate for hearing two or more proceedings that involve the same parties
				  or related questions of fact or law or may separate matters in issue for
				  hearing in two or more separate proceedings, if it finds that consolidation or
				  separation will be conducive to the just, speedy, and inexpensive determination
				  of the proceedings.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - PRE-TRIAL PROCEDURES › Section 12-47-28 - Discontinuance of appeal

Current through June,
				2024
An appeal pending before the board may be withdrawn or
				  discontinued only upon approval by the board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DISCOVERY, SUBPOENAS, AND MOTIONS › Section 12-47-30 - Request for subpoenas

Current through June,
				2024
(a) Any party may
				request the issuance of a subpoena requiring the attendance of a witness to
				testify before the board or for the taking of depositions.
(b) Any party may request the issuance of a
				subpoena duces tecum for the production of documents or records. The request
				must:
(1) Be in writing; and
(2) Specify the particular document or
				record, or portion of document or record sought.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DISCOVERY, SUBPOENAS, AND MOTIONS › Section 12-47-31 - Depositions and discovery

Current through June,
				2024
After the filing of the notice of appeal any party may
				  proceed to obtain discovery by deposition upon oral examination, written
				  interrogatories, or request for production of documents in the manner and
				  effect prescribed by the Hawaii Rules of Civil Procedure; provided that to
				  protect a party or person from undue burden or expense or for other good cause,
				  the board may on motion by any party or on its own motion, order that the
				  discovery not be taken or be taken upon such terms and conditions as the board
				  may specify. The board may upon written application and for good cause shown,
				  compel discovery, order that discovery be made by any other means prescribed by
				  the Hawaii Rules of Civil Procedure, and impose sanctions as provided by the
				  Hawaii Rules of Civil Procedure or section
				  12-47-48, or both, as it deems
				  appropriate, for the failure of any party or person to allow
				  discovery.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DISCOVERY, SUBPOENAS, AND MOTIONS › Section 12-47-32 - Motions, generally

Current through June,
				2024
(a) Form. All
				motions, except when made during a trial, shall be in writing, state the
				grounds for the motion, set forth the relief or order sought, and be
				accompanied by a memorandum in support of the motion. If the motion requires
				consideration of facts not appearing in the record, it shall be supported by an
				affidavit. Every motion shall indicate whether a hearing is requested on the
				motion and shall be accompanied by a notice of hearing. Motions shall be served
				in accordance with section 12-47-18.
(b) Responsive memoranda. An opposing party
				may serve and file counter affidavits and a written statement of reasons in
				opposition to the motion and of the authorities relied upon not later than five
				business days before the date of the hearing. If the hearing on the motion is
				scheduled within five business days after the motion is filed, then such
				response shall be served and filed at least one business day before the time
				set for hearing.
(c) Required
				notice; effect of failure to appear. A party who does not oppose a motion or
				who intends to support a motion or who desires a continuance shall notify the
				board and the opposing parties within five business days before the date of the
				hearing. If the hearing on the motion is scheduled within five business days
				after the motion is filed, the board shall be notified within one business day
				before the time set for hearing. Failure to appear at the hearing may be deemed
				a waiver of objections to the granting of the motion.
(d) If a hearing on the motion is not
				requested, the board may decide the matter upon the pleadings, memoranda, and
				other documents filed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DISCOVERY, SUBPOENAS, AND MOTIONS › Section 12-47-33 - Motion to dismiss

Current through June,
				2024
A motion to dismiss any appeal or complaint made before a
				  hearing on the merits of the case shall not be heard until five business days
				  after the motion has been served.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DISCOVERY, SUBPOENAS, AND MOTIONS › Section 12-47-34 - Motion for stay of director's decision and order

Current through
				June, 2024
A motion for stay of the director's decision and order, in
				  whole or in part, shall be filed no later than ten calendar days after an
				  appeal has been taken. Upon good cause shown, the board may permit the filing
				  of a motion for stay beyond this period. Failure to file the motion within the
				  designated period may constitute grounds to deny the motion.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DISCOVERY, SUBPOENAS, AND MOTIONS › Section 12-47-35 - Enlargement

Current through June, 2024
(a) When any act is required or allowed to be
				done at or within a specified time, the board for good cause shown may at any
				time:
(1) Upon written request made before
				the expiration of the period prescribed, order the period enlarged;
				or
(2) Upon motion made after the
				expiration of the specified period, permit the act to be done where the failure
				to act was the result of excusable neglect; but it may not extend the time for
				taking any action on jurisdictional matters or where any order expressly
				provides that no enlargement shall be granted.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-40 - Order of presentation

Current through June,
				2024
(a) In all hearings
				before the board, the appellant, complainant, or movant shall open and close,
				unless the presiding member directs otherwise. Appellees, interveners, and
				respondents shall be heard in the order the presiding member directs.
(b) The order of presentation shall not alter
				the burden of proof, including the burden of producing evidence and the burden
				of persuasion. The party or parties who must bear these burdens shall be
				determined by law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-41 - Rules of evidence

Current through June,
				2024
The board shall not be bound by statutory and common law
				  rules relating to the admission or rejection of evidence. The board may
				  exercise its own discretion in these matters, limited only by considerations of
				  relevancy, materiality, and repetition, by the rules of privilege recognized by
				  law, and with a view to securing a just, speedy, and inexpensive determination
				  of the proceedings.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-42 - Conduct of hearing and evidence

Current through June,
				2024
(a) Testimony shall
				be taken on oath or affirmation.
(b) Each party shall have the right to call
				and examine parties and witnesses, to introduce evidence, to question opposing
				witnesses and parties on any matter relevant to the issues even though that
				matter was not covered in direct examination, to impeach any witness regardless
				which party first called the witness to testify, and to offer rebuttal
				evidence.
(c) Any member may
				question any party or witness.
(d)
				The admission of evidence in a hearing shall be controlled by the presiding
				member in a manner in which the presiding member considers best suited to
				ascertain the just, speedy, and inexpensive determination of the
				proceedings.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-43 - Cross examination

Current through June,
				2024
Each party has the right to conduct such cross-examination of
				  any party's witnesses as may be required for a full and true disclosure of the
				  facts and has the right to submit rebuttal evidence.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-44 - Limiting number of witnesses

Current through June,
				2024
To avoid unnecessary or unduly repetitious evidence, the
				  presiding member may limit the number of witnesses or the time for testimony
				  upon a particular issue.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-45 - Waiver of procedures, informal disposition

Current through
				June, 2024
With the approval of the board, any procedure in a contested
				  case may be modified or waived by stipulation of the parties, and informal
				  disposition may be made of any contested case by stipulation, agreed
				  settlement, consent order, or default.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-46 - Rulings on evidentiary matters

Current through June,
				2024
(a) The presiding
				member shall rule on the admissibility of evidence and on any oral motions made
				in the course of trial. The presiding member may issue a ruling after taking
				the matter under advisement.
(b)
				When objections are made to the admission or exclusion of evidence, the ground
				relied upon may be stated briefly. Formal exceptions to rulings are unnecessary
				and need not be taken.
(c) An offer
				of proof for the record shall consist of a statement of the substance of the
				evidence to which an objection had been sustained.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-47 - Official notice of facts

Current through June,
				2024
The board may take official notice of those matters as may be
				  judicially noticed by the courts of the State. It may also take official notice
				  of generally recognized technical or scientific facts within its specialized
				  knowledge, upon notice to all parties before or during trial. Any party shall
				  have an opportunity to contest the facts so noticed, within the time specified
				  by the presiding member.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - PROCEDURES AT TRIAL/HEARING › Section 12-47-48 - Sanctions for contemptuous conduct

Current through June,
				2024
(a) Any person
				whose conduct at any proceeding before the board or before a member is deemed
				contemptuous by the presiding member, or who has refused to comply with an
				order of the board, has refused to adhere to reasonable standards of orderly
				and ethical conduct, has failed to act in good faith, or has engaged in the
				continued use of dilatory tactics, may be excluded from the proceeding. The
				board may impose other sanctions, including dismissal of the appeal.
(b) If a witness refuses to answer any
				question which has been ruled to be proper, the presiding member may strike all
				testimony previously given by the witness on related matters.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST-TRIAL MATTERS › Section 12-47-50 - Briefs

Current through June, 2024
The presiding member may require briefs to be submitted and
				  may fix the time for filing briefs. Exhibits may be reproduced in an appendix
				  to a brief. A brief of more than twenty pages shall contain a table of
				  contents.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST-TRIAL MATTERS › Section 12-47-51 - Service of decisions and orders

Current through June,
				2024
The chief clerk or designee shall serve a certified copy of
				  the decision or order of the board on the parties, duly appointed
				  representatives, or their attorneys in accordance with section
				  12-47-18 as
				  applicable.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST-TRIAL MATTERS › Section 12-47-52 - Effective date

Current through June, 2024
The effective date of the decision or order is the date it is
				  filed by the chief clerk or designee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST-TRIAL MATTERS › Section 12-47-53 - Reconsideration or reopening of decision or order

Current through
				June, 2024
(a) In the
				absence of an appeal and within thirty days after mailing of a copy of the
				board's decision or order, the board may, upon the request of any party, or
				upon its own motion, reconsider or reopen the matter. If reopening is allowed,
				the board may take further evidence or may modify its decision or order. The
				time to initiate judicial review shall run from the date of mailing of the
				further decision if the matter has been reconsidered or reopened. If the
				request for reconsideration or reopening is denied, the time to initiate
				judicial review shall run from the date of mailing the denial
				decision.
(b) The request for
				reconsideration or reopening shall be in writing and shall be served upon all
				parties. The request shall specify the reasons why reconsideration or reopening
				is warranted.
(c) A hearing on the
				request for reconsideration or reopening may be held at the board's
				discretion.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST-TRIAL MATTERS › Section 12-47-54 - Correction of records

Current through June,
				2024
Clerical mistakes in decisions, orders, or other parts of the
				  record and errors therein arising from oversight or omission may be corrected
				  by the board at any time of its own initiative or upon the application of any
				  party. During the pendency of a judicial appeal, the mistakes may be so
				  corrected before the appeal is docketed in the appellate court, and thereafter
				  while the appeal is pending, may be so corrected with leave of the appellate
				  court.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - POST-TRIAL MATTERS › Section 12-47-55 - Approval of attorney's fees

Current through June,
				2024
Within ten calendar days following the filing of a final
				  decision and order, or upon the filing of a stipulation and settlement
				  agreement with respect to an appeal compromised pursuant to section
				  386-78, HRS, attorneys
				  seeking approval of fees pursuant to section
				  386-94,
				  HRS, shall file with the board a request for approval of attorney's fees
				  setting forth the various activities performed together with the time expended
				  by the attorney in each activity. The request shall be served on those parties
				  against whom the fees are to be assessed. Any party objecting to approval of a
				  request may file a written objection thereto no later than ten calendar days
				  following service. No request for approval of attorney's fees or agreement to
				  pay attorney's fees shall be valid until approved by the
				  board.