reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 14 - ELECTION OF BARGAINING REPRESENTATIVES IN PRIVATE EMPLOYMENT › Section 12-43-209 - Petition for decertification

Current through June,
				2024
(a) A petition for
				decertification may be filed by an employee, an employee organization, or
				anyone authorized to act in its behalf.
(b) The petition shall be prepared on a form
				furnished by the board, and filed with the board.
(c) The petition shall include the following:
(1) The name, mailing address, telephone
				number, and affiliation, if any, of the petitioner, and sufficient information
				to allow for electronic filing by, and electronic service upon, the petitioner
				and the name and telephone number of its principal representative to be
				contacted;
(2) The name, mailing
				address, telephone number, and affiliation, if any, of the exclusive
				representative; and the name, address, and telephone number of the principal
				representative, and the date of certification;
(3) The name, address, and telephone number
				of the employer and the name and telephone number of its principal
				representative to be contacted;
(4)
				The approximate number of employees in the bargaining unit;
(5) A description of the appropriate
				bargaining unit, specifying inclusions and exclusions;
(6) Whether the employer is a party to a
				contract for the affected employees;
(7) A showing of interest indicating that
				thirty per cent or more of the employees in the unit support the petition;
				and
(8) A clear and concise
				statement of any other relevant facts.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 15 - REFERENDUM CONCERNING ALL-UNION AGREEMENT › Section 12-43-220 - Scope

Current through June, 2024
This subchapter governs the procedure relating to all-union
				  agreements defined in section
				  377-1, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 15 - REFERENDUM CONCERNING ALL-UNION AGREEMENT › Section 12-43-221 - Authority for all-union agreement

Current through June,
				2024
An employer may enter into an all-union agreement with the
				  bargaining representative of the employees in a collective bargaining unit,
				  unless the board has certified that a majority of employees has acted to
				  rescind the authority of the bargaining representative to negotiate an
				  all-union agreement within one year preceding the date of the
				  agreement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 15 - REFERENDUM CONCERNING ALL-UNION AGREEMENT › Section 12-43-222 - Rescission of authority and petition

Current through June,
				2024
(a) A petition to
				rescind the authority of a labor organization to make an all-union agreement
				requiring membership in the labor organization as a condition of employment may
				be filed by an employee or group of employees on behalf of thirty per cent or
				more of the employees in a bargaining unit covered by an agreement. An original
				of the petition shall be filed with the board.
(b) The petition shall include:
(1) The name, address, telephone number, and
				email address of the petitioner;
(2) The name and address of the employer, the
				general nature of the business, and the approximate number of
				employees;
(3) A description of the
				appropriate bargaining unit or the bargaining unit claimed to be appropriate,
				and the approximate number of employees within the unit;
(4) The name and address of the labor
				organization whose authority it is desired to rescind;
(5) An appropriate showing that thirty per
				cent or more of employees within an appropriate unit desire to rescind the
				authority of the labor organization involved; and
(6) Any other facts that are relevant to the
				petition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 15 - REFERENDUM CONCERNING ALL-UNION AGREEMENT › Section 12-43-223 - Election to rescind authority and hearing

Current through June,
				2024
Where a petition has been filed and the petitioner has made
				  an appropriate showing to the board that thirty per cent or more of the
				  employees within the unit covered by the agreement desire to rescind the
				  authority of the labor organization to make an agreement, the board shall
				  conduct a secret ballot election of the employees involved on their desire to
				  rescind. Where it appears to the board that the proceeding raises a question
				  which cannot be decided without a hearing, the board may issue a notice of
				  hearing upon the parties in conformance with the applicable provisions in
				  subchapter 2. The board shall fix the time and
				  place of the election, eligibility requirement for voting, and other
				  arrangements of the balloting, but the parties may enter into an agreement,
				  subject to the approval of the board, fixing such arrangements. In any consent
				  agreements, provisions may be made for final determination of all questions
				  arising with respect to the balloting.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 15 - REFERENDUM CONCERNING ALL-UNION AGREEMENT › Section 12-43-224 - Hearing

Current through June, 2024
The hearing shall be governed pursuant to the applicable
				  provisions in subchapter
				  2.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 15 - REFERENDUM CONCERNING ALL-UNION AGREEMENT › Section 12-43-225 - Balloting and post-balloting procedures

Current through June,
				2024
The election shall be governed insofar as applicable by the
				  provisions of subchapters
				  6 and
				  14.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-230 - Scope

Current through June, 2024
This subchapter governs conciliation and facilitating initial
				  collective bargaining agreements in private employment pursuant to chapter
				  377, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-231 - Request to bargain

Current through June,
				2024
An individual or labor organization that has been newly
				  organized or certified as the exclusive representative may submit to the
				  employer a written request to bargain over an initial collective bargaining
				  agreement. Within ten days after the employer's receipt of the request to
				  bargain, the parties shall meet and commence bargaining collectively in good
				  faith. The parties shall make every reasonable effort to conclude and sign a
				  collective bargaining agreement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-232 - Notice of dispute and request for conciliation

Current through
				June, 2024
More than ninety days after the date on which bargaining over
				  an initial collective bargaining agreement commenced, or such additional period
				  as the parties agree upon, if the parties have failed to reach an agreement,
				  either party may notify the board of the dispute by filing a written notice of
				  dispute and request for conciliation. The employer or exclusive bargaining
				  representative shall file an original of the notice of dispute, with proof of
				  service upon all parties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-233 - Contents of notice

Current through June, 2024
The notice of dispute shall contain the following:
(1) The names, addresses, telephone numbers,
				and email addresses of the parties to the dispute and their principal
				representatives;
(2) A description
				of the appropriate unit and the approximate number of employees constituting
				the unit;
(3) The dates and
				duration of negotiation sessions, if any;
(4) The name of the party or parties
				requesting conciliation; and
(5) A
				clear and concise statement of any other relevant facts.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-234 - Board determination of jurisdiction and the possibility of settlement and termination of dispute

Current through June,
				2024
Upon receiving notice of a labor dispute regarding the
				  failure to reach an initial collective bargaining agreement involving a newly
				  organized or certified representative, or upon receiving information that any
				  other labor dispute within the board's jurisdiction exits, the board shall
				  determine whether the possibility of settlement and termination of the dispute
				  may be increased by conciliation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-235 - Appointment of conciliator

Current through June,
				2024
If the board determines that the labor dispute is within its
				  jurisdiction and that the possibility of settlement and termination of the
				  dispute may be increased by conciliation, the board shall notify the governor,
				  who shall immediately appoint a conciliator. The governor shall so notify the
				  board of the appointment of a conciliator. Upon receipt of notice of the
				  appointment, the board shall refer the dispute to the
				  conciliator.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-236 - Duties of conciliator

Current through June,
				2024
(a) The conciliator
				shall perform conciliation duties under the guidance of the board and shall
				report any findings to the board.
(b) If the dispute involves the failure to
				reach an initial collective bargaining agreement involving a newly organized or
				certified representative, the conciliator shall use his or her best efforts to
				resolve the dispute within twenty days immediately succeeding the date upon
				which the request for conciliation was made, or such additional time as is
				agreed upon by all parties to the dispute. If the conciliator is not able to
				resolve the dispute within the required period, the conciliator shall
				immediately certify such fact to the board, and the board shall refer the
				dispute to a three-member arbitration panel established in accordance with
				section 89-11(e)(2)(A),
				HRS.
(c) For any other labor
				dispute, the conciliator shall use his or her best efforts to resolve the
				dispute within ten days immediately succeeding the reference of the dispute to
				the conciliator or within such additional time, not to exceed ten days, as is
				agreed upon by all parties to the dispute. If the conciliator is not able to
				resolve the dispute within the required period, the conciliator shall
				immediately certify such fact to the board, and the board shall so notify the
				governor.
(d) The conciliator may
				hold separate or joint meetings with the parties or their representatives,
				which shall be private and nonpublic in nature.
(e) Conciliation meetings shall be conducted
				at such time and place as may be designated by the conciliator.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-237 - Confidential information

Current through June,
				2024
(a) Any information
				disclosed by the parties to the conciliator in the performance of such
				conciliator's duties shall not be divulged voluntarily or by
				compulsion.
(b) All files, records,
				reports, or other papers received or prepared by a conciliator while serving in
				such capacity shall be treated as confidential. The conciliator shall not
				produce any confidential records of or testify regarding any conciliation
				conducted by such conciliator, on behalf of any party to any cause pending in
				any type of proceeding, unless otherwise required by law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-238 - Report of conciliator

Current through June,
				2024
The conciliator shall, either orally or in writing, report
				  the progress of conciliation efforts, as well as the terms of the termination
				  or resolution of the dispute, if any, when so requested by the
				  board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-239 - Selection and certification of arbitration panel

Current through
				June, 2024
(a) Two
				members of the arbitration panel shall be selected by the parties; one shall be
				selected by the employer and one shall be selected by the exclusive
				representative. The neutral third member of the arbitration panel, who shall
				chair the arbitration panel, shall be selected by mutual agreement of the
				parties. If the parties fail to select the neutral third member of the
				arbitration panel within thirty days from the date of the labor dispute, the
				board shall request the American Arbitration Association, or its successor in
				function, to furnish a list of five qualified arbitrators from which the
				neutral arbitrator shall be selected.
(b) Within five days after receipt of the
				list, the parties shall alternately strike names from the list until a single
				name is left, and that arbitrator named shall be immediately appointed by the
				board as the neutral arbitrator and chair of the arbitration panel, and the
				board shall serve a copy of its certification of appointment of the panel upon
				all parties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-240 - Findings and decision of arbitration panel

Current through June,
				2024
The arbitration panel shall issue all findings and a decision
				  settling the dispute, which shall be binding upon the parties for a two-year
				  period, unless amended during that period by written consent of the parties,
				  which shall be served upon all parties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-241 - Payment for conciliation and arbitration

Current through June,
				2024
The costs and expenses for services performed by neutrals
				  under this subchapter, including the conciliator and the neutral arbitrator,
				  shall be borne equally by the parties. All other costs incurred by either
				  party, including the costs of its selected member of the arbitration panel,
				  shall be borne by the party incurring them.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 16 - FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS, AND CONCILIATION › Section 12-43-242 - Closing of dispute in an initial collective bargaining agreement case

Current through June, 2024
(a) Upon written notification to the board by
				the employer or exclusive representative of the execution of an initial
				collective bargaining agreement, where a request was made to the board for
				conciliation, or upon the board's own knowledge and information, the board
				shall issue a "Notice of Intent to Dismiss Labor Dispute Case Because of
				Mootness" stating that the board will dismiss such labor dispute case because
				of mootness, unless it receives written notification from any party to the
				proceeding within ten days of the issuance of such notice, setting forth
				reasons why the case should not be dismissed.
(b) Ten days after issuance of such notice,
				if no objections to dismissal are received, the board shall issue an order
				dismissing such case.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 17 - PETITION FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION DURING UNFAIR LABOR PRACTICE PROCEEDING › Section 12-43-250 - Filing a complaint

Current through June,
				2024
When a complaint is filed with the board pursuant to section
				  380-14(b) and
				  (c), HRS, and after conducting the
				  preliminary investigation provided for in this section, the board may petition
				  any circuit court of the State within any circuit where the unfair labor
				  practice is alleged to have occurred, or where the person or persons reside or
				  transact business for appropriate temporary relief or restraining order. Upon
				  the filing of the complaint, the court shall serve notice upon the
				  respondents.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 17 - PETITION FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION DURING UNFAIR LABOR PRACTICE PROCEEDING › Section 12-43-251 - Preliminary investigation

Current through June,
				2024
Whenever it is charged that a person has engaged in an unfair
				  labor practice within the meaning of section
				  377-7(5), (6), (7),
				  (8), and (9), HRS, the board shall conduct a
				  preliminary investigation and the investigation shall be given priority over
				  all other cases except cases of like character.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 17 - PETITION FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION DURING UNFAIR LABOR PRACTICE PROCEEDING › Section 12-43-252 - Procedure in conducting preliminary investigation

Current through
				June, 2024
The preliminary investigation shall be conducted by the board
				  in the manner and at the places as shall be deemed suitable and appropriate
				  under the circumstances with due regard for the purpose and intent of section
				  380-14(b) and
				  (c), HRS. The preliminary investigation may
				  be conducted ex parte, and the board may proceed without the presence of all
				  parties concerned. The board shall give notice immediately to all parties
				  concerned regarding the preliminary investigation, and shall afford reasonable
				  opportunity to all parties concerned to present all relevant and material facts
				  pertinent to the inquiry.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 17 - PETITION FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION DURING UNFAIR LABOR PRACTICE PROCEEDING › Section 12-43-253 - Petition for injunctive relief

Current through June,
				2024
If, after investigation, the board has reasonable cause to
				  believe that the charges contained in the complaint are true, it shall petition
				  any circuit court of the State within any circuit where the alleged unfair
				  labor practice in question has occurred, or is alleged to have occurred, or
				  wherein the person or persons reside or transact business, for appropriate
				  relief pending final adjudication of the board with respect to the matter in
				  accordance with and subject to the provisions of section
				  380-14(c),
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 17 - PETITION FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION DURING UNFAIR LABOR PRACTICE PROCEEDING › Section 12-43-254 - Hearing on complaint following injunctive relief

Current through
				June, 2024
Whenever temporary relief or a restraining order has been
				  obtained by the board pursuant to section
				  380-14(b) and
				  (c), HRS, the complaint which had been the
				  basis for such temporary relief or restraining order shall be given priority by
				  the board over all other cases except cases of like
				  character.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 17 - PETITION FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION DURING UNFAIR LABOR PRACTICE PROCEEDING › Section 12-43-255 - Disposition of injunctive relief

Current through June,
				2024
Upon the hearing on the complaint giving rise to the
				  temporary relief or restraining order pursuant to section
				  380-14(b) and
				  (c), HRS, if the board dismisses the
				  complaint, in whole or in part, the board shall promptly suggest to the circuit
				  court which issued the temporary relief or restraining order the possible
				  change in circumstances arising out of the findings and conclusions of the
				  board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 18 - PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-43-260 - Scope

Current through June, 2024
This subchapter governs the general procedure relating to
				  rulemaking by the board pursuant to sections
				  89-5,
				  91-3,
				  91-6,
				  377-11, and
				  396-11.5, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 18 - PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-43-261 - Repealed

Current through June, 2024
(a) Any employee, public employee, employee
				organization, employer, public employer, or interested person or organization
				may petition the board for adoption, amendment, or repeal of any rule of the
				board.
(b) The petition need not be
				in any special form but it shall contain the following:
(1) The name, mailing address, and telephone
				number of each petitioner, and sufficient information to allow for electronic
				filing by, and electronic service upon, each petitioner;
(2) The signature of each
				petitioner;
(3) A statement of the
				nature of the petitioner's interest;
(4) The text of the proposed rule which is
				sought to be adopted, the text of the proposed amendment of the existing rule
				which is sought to be amended, or the designation or text of the rule which is
				sought to be repealed;
(5) A
				concise statement indicating with particularity the reasons for filing the
				petition, the necessity for the relief, and the anticipated effect or impact of
				the relief; and
(6) Any other
				information pertinent to the petition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 18 - PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-43-262 - Disposition

Current through June, 2024
The board shall, within the time frame set forth in section
				  91-6, HRS, either deny the
				  petition in writing, stating its reasons for such denial, or initiate
				  proceedings in accordance with section
				  91-3, HRS, and the procedures
				  provided in this subchapter for the adoption, amendment, or repeal of
				  rules.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 18 - PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-43-263 - Public hearing

Current through June,
				2024
(a) The public
				hearing on the proposed adoption, amendment, or repeal of any rule shall be
				held at the time and place set forth in the notice of public hearing but that
				time and place may be continued from day to day or adjourned to a later day or
				to a different place without notice other than the announcement at the hearing.
				The board shall afford all interested persons a reasonable opportunity to
				present data and their views or arguments, orally or in writing.
(b) The notice of public hearing shall be
				made in accordance with the provisions of chapters
				91 and
				92, HRS. The board may set reasonable
				time limits on testimony, and any such limits shall be stated in the notice of
				public hearing.
(c) At the
				commencement of the hearing, the presiding officer shall read the notice of
				hearing, then briefly prescribe the procedures to be followed. The presiding
				officer shall have the authority to administer oaths or affirmations and to
				take all other actions necessary for the orderly conduct of the
				hearing.
(d) Interested persons and
				agencies offering testimony are subject to questioning by the presiding officer
				or other person authorized by the board. Questioning by other persons or
				agencies shall not be permitted except when authorized by the presiding
				officer. Unless ordered by the presiding officer, testimony given at the
				hearing shall not be reported verbatim.
(e) Any person or agency unable to attend the
				public hearing who desires to submit written testimony shall submit the
				testimony to the board at its office by the date and time specified in the
				notice of public hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 18 - PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-43-264 - Decision

Current through June, 2024
The board may render its decision at the public hearing or at
				  a later time. The board, upon request of any interested person or agency, shall
				  issue a concise statement of the principal reasons for its decision. In making
				  its decision, the board shall consider all written and oral submissions
				  respecting the proposed rule relief.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 18 - PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-43-265 - Board initiated rulemaking

Current through June,
				2024
The board may at any time, on its own initiative, institute
				  proceedings in accordance with section
				  91-3, HRS, and the procedures
				  provided herein for the adoption, amendment, or repeal of
				  rules.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 18 - PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-43-266 - Emergency rulemaking

Current through June,
				2024
The board may adopt emergency rules pursuant to the
				  requirements of sections
				  91-3 and
				  91-4, HRS. The board's
				  determination that there is imminent peril and the reasons therefor shall be
				  stated in, and made part of the emergency rule. The board shall make the
				  emergency rule known to the public by publishing the rule, at least once, in a
				  newspaper of general circulation in the State, within five days from the date
				  the rule is filed with the lieutenant governor."
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 12-44-1 - Procedure

Current through June, 2024
This chapter governs the practice and procedure before the
				  state fire council of the State of Hawaii under Chapter
				  132, Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 12-44-2 - Definitions

Current through June, 2024
As used in this chapter:
"Appellant" means a person appealing from an adverse finding
				  or decision of the council.
"Chairperson" means the chairperson of the council.
"Council" means the state fire council.
"Board" means county fire appeals board or fire appeal board
				  established by county ordinance to which the owner or occupant may appeal from
				  any order made by the county fire chief.
"Fire chief" means the fire chief of the county.
"Hearing officer" means the chairperson or a hearing officer
				  designated by the state fire council to preside over the hearing of an appeal
				  governed by this chapter.
"Office" means the office of the council in Honolulu,
				  Hawaii.
"Order" means a written order served by the fire chief or the
				  chief's representative upon the owner, occupant, or other person responsible
				  for a building or its premises setting forth the nature of an alleged violation
				  or condition, the law, ordinance, rule, or order violated, and the protections,
				  safeguards, or other means or methods required to render the building or
				  premises safe as required by law, ordinance, or rule.
"Persons" includes individuals, partnerships, corporations,
				  associations, or public or private organizations of any character other than
				  governmental agencies.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 12-44-11 - Public inspection

Current through June,
				2024
All public records shall be available for inspection at the
				  office during regular business hours. The attorney general shall determine
				  which records may be withheld from public inspection when those records pertain
				  to the preparation of the prosecution or defense of any action or proceeding in
				  which the council is or may be made a party, or when the records do not relate
				  to a matter in violation of law and are deemed necessary for the protection of
				  the character, reputation, or business of any person.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 12-44-12 - Information

Current through June, 2024
Requests for information within the jurisdiction of the
				  council, except confidential information, shall be made in person during
				  regular business hours, or shall be made in writing and handled with due regard
				  for the proper dispatch of other public duties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 12-44-13 - Cost of public records

Current through June,
				2024
Copies of public records shall be made available free of
				  charge upon request to state and county agencies, organizations representing
				  public employees, federal agencies, and other states. For all other persons,
				  the price for a copy shall be twenty five cents a sheet for each
				  extract.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-44-21 - Petition

Current through June, 2024
Any person may petition the council for the adoption,
				  amendment, or repeal of any of its rules.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-44-22 - Form and content of petition

Current through June,
				2024
The petitioner shall submit three copies to the office. The
				  petition need not be in any special form but shall contain the following
				  information:
(1) The petitioner's name
				and address, including zip code, and telephone number;
(2) A statement of the nature of the
				petitioner's interest;
(3) An
				explicit statement of the reasons in support of the proposed rule, amendment,
				or repeal;
(4) A draft or the
				substance of the proposed rule amendment, or repeal and a designation of any
				existing rules affected by the petition; and
(5) The signature of the petitioner.
Any petition which does not conform to the requirements of
				  this section may be rejected by the council.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-44-23 - Consideration of petition

Current through June,
				2024
Within thirty days after the receipt of the petition, the
				  council shall either deny the petition, stating in writing its reasons for the
				  denial, or initiate proceedings for the adoption, amendment, or repeal of the
				  rule.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-44-24 - Notice of proposed rulemaking

Current through June,
				2024
The procedures established in section
				  91-3,
				  HRS, shall apply.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-44-26 - Action

Current through June, 2024
At the close of the final public hearing, the council shall
				  announce the date when its decision shall be made. The council shall consider
				  all relevant comments and material of record before taking final action in its
				  rulemaking proceeding.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 4 - DECLARATORY RULING › Section 12-44-31 - Petition

Current through June, 2024
Any person may petition the council for a declaratory order
				  as to the applicability of any statute administered by the council or of any of
				  its rules or orders.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 4 - DECLARATORY RULING › Section 12-44-32 - Form and content of petition

Current through June,
				2024
The petitioner shall submit three copies of. the petition to
				  the office. It need not be in any special form but shall contain the following
				  information:
(1) The petitioner's name
				and address, including zip code, and telephone number;
(2) A statement of the nature of the
				petitioner's interest, including the reasons for the submission of the
				petition;
(3) A designation of the
				specific statutory provision, rule, or order in question;
(4) A complete statement of the relevant
				facts;
(5) A statement of the
				interpretation given the statutory provision, rule, or order by the
				petitioner;
(6) A memorandum
				containing the reasons, including any legal authorities, in support of the
				petitioner's interpretation; and
(7) The petitioner's signature.
Any petition which does not conform to the requirements of
				  this section may be rejected by the council. The rejection shall be in writing
				  and shall state the reasons therefor.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 4 - DECLARATORY RULING › Section 12-44-33 - Refusal to issue declaratory order

Current through June,
				2024
The council for good cause may refuse to issue a declaratory
				  order. Without limiting the generality of the foregoing, the council may so
				  refuse where:
(1) The question is
				speculative or purely hypothetical and does not involve an existing situation
				or one which may reasonably be expected to occur in the near future;
(2) The petitioner's interest is not of the
				type which would give the petitioner standing to maintain an action if the
				petitioner were to seek judicial relief;
(3) The issuance of the declaratory order may
				adversely affect the interest of the State, the council, or any of the officers
				or employees in any litigation which is pending or may reasonably be expected
				to arise; or
(4) The petition
				requests a ruling on a statute not administered by the council or the matter is
				not otherwise within the jurisdiction of the council.
Where any question of law is involved, the council may refer
				  the matter to the attorney general. The council may also obtain the assistance
				  of other agencies, where necessary or desirable.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 4 - DECLARATORY RULING › Section 12-44-34 - Consideration and disposition of petition

Current through June,
				2024
The council, within a reasonable time after the submission of
				  a petition, shall either deny the petition, stating the reasons therefor or
				  issue a declaratory ruling. Upon disposition of the petition, the chairperson
				  shall promptly notify the petitioner of the council's ruling.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-41 - Scope

Current through June, 2024
This subchapter shall govern all appeals from the findings or
				  decisions of the council relating to any of its rules or the law it
				  administers.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-42 - Filing of appeal

Current through June,
				2024
Any person may appeal from an adverse decision of the council
				  by filing a written statement of appeal on a form prescribed by the council.
				  The statement of appeal shall be filed in the office of the council not later
				  than sixty days from the date of the adverse decision by the
				  council.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-43 - Statement of appeal

Current through June,
				2024
(a) The statement
				of appeal shall include the following information:
(1) The identity and description of the
				appellant. if the appeal is made by an employee organization on behalf of a
				member, the organization shall state that it has the right to represent the
				members and shall submit proof of such right at the hearing of the appeal;
				and
(2) The grounds for appeal, the
				specific issues involved, the contentions of the appellant, and a description
				of the evidence that the appellant intends to introduce in support of those
				contentions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-44 - Contested case hearing before the council or hearing officer

Current through June, 2024
when an appeal is perfected in accordance with this
				  subchapter, the appellant shall be afforded a contested case hearing before the
				  council or a hearing officer appointed by the council.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-45 - Time and place of hearing and notice

Current through June,
				2024
If the appeal is to be heard by the council, it shall set the
				  time and place of hearing and the chairperson or designated representative
				  shall give written notice thereof to the appellant. Unless otherwise directed
				  by the council, when the hearing of an appeal is assigned to a hearing officer,
				  the hearing officer shall set the time and place of hearing and give written
				  notice thereof to the appellant.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-46 - Docket

Current through June, 2024
The chairperson or designated representative shall maintain a
				  docket of all appeals and each appeal shall be assigned a
				  number.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-47 - Computation of time; extension of time

Current through June,
				2024
(a) In computing
				any period of time prescribed or allowed by this subchapter, order of the
				council or by any applicable statute, the day of the act, event, or default
				after which the designated period of time is to run shall not to be included.
				The last day of the period so computed shall be included unless it is a
				Saturday, Sunday, or legal holiday, or a day or a part of a day on or for which
				the governor has granted administrative leave in the State, in which event the
				period runs until the next regular work day for the council or the circuit
				courts, which is neither a Saturday, Sunday, nor a holiday. intermediate
				Saturdays, Sundays, and holidays shall not be included in a computation when
				the period of time prescribed or allowed is ten days or less.
(b) Except for the time for the filing of
				exceptions covered by section 12-44-59(b), whenever a person or agency is
				required or allowed to act within a time specified by this subchapter, the
				state fire council may
(1) With or without
				motion or notice extend the period if request therefor is made before the
				expiration of the specified period; or
(2) Upon motion, permit the act to be done
				after the expiration of the specified period where the failure to act was the
				result of excusable neglect.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-48 - Documents

Current through June, 2024
(a) If any document filed in a proceeding
				governed by this subchapter is not in substantial conformity with the
				applicable rules of the council, or is otherwise insufficient, the council, on
				its own motion or .on the motion of any party, may strike the document or
				require its amendment. If amended the document shall be effective as of the
				date of the original filing.
(b)
				All documents filed with.or presented to the council may be retained in the
				files of the council. The council may permit the withdrawal of original
				documents upon submission of photostatic copies or originals.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL › Section 12-44-49 - Deposition; application for

Current through June,
				2024
(a) Upon the
				written application of a party to a proceeding governed by this subchapter and
				for good cause shown, the council or the hearing officer, at any time after the
				filing of the statement of appeal, may order the taking of testimony of a
				witness by oral examination.
(b)
				The application shall be made to the council or the hearing officer and shall
				state the reasons why the deposition should be taken, the time and place for
				taking the deposition, the name and post office address of the witness, and the
				subject matter concerning which the witness is expected to testify. If good
				cause is shown, an order for the taking of the deposition containing the
				appropriate instructions shall be made and served upon the parties.