reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 7 - APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY OR PERMITS › Section 16-601-79 - Motor carriers

Current through June, 2024
An application for a motor carrier certificate of public
				  convenience and necessity or permit shall comply with sections 16-601-15 to
				  16-601-24, section 16-601-74, and section 16-601-75. In addition, the
				  application must contain the following information and data, either in the body
				  of the application or in the exhibits attached to the application:
(1) A general description of the type of
				service being performed or proposed by the applicant, a reference to the
				statutory authority under which existing service is or will be performed, and a
				statement of the specific authority requested;
(2) Where the application is for the
				transportation of passengers, the application must state whether the proposed
				service will be over a regular or irregular route and whether authority is
				being sought to transport passengers and their baggage in the same equipment or
				whether the baggage will be transported in separate equipment. Service over a
				regular route is service that traverses over a fixed route with no deviation,
				with stops at fixed termini and on a time schedule, whether daily or
				hourly;
(3) The geographical scope
				of the proposed operation, including the termini and other points proposed to
				be served, and a concise narrative description of the proposed
				service;
(4) A map or sketch of the
				area to be served, drawn to suitable scale and showing present and proposed
				operation by distinctive coloring or marking,-
(5) A statement of the rates or fares
				proposed to be charged, rules governing service, and the level and nature of
				proposed rates. Reference may be made to a tariff or tariffs on file with the
				commission. An applicant for a permit shall file with the commission a
				certified copy of a written contract or contracts between the shipper and the
				applicant before commencing operations;
(6) The frequency of the proposed service and
				the number of parties to be served;
(7) The kind and approximate number of units
				of equipment to be employed in the proposed service;
(8) The qualification and experience of key
				personnel;
(9) A statement of
				financial ability to render the proposed service, together with a financial
				statement prepared in accordance with section 16-601-75; and
(10) Facts showing that the proposed service
				is or will be required by the present or future public convenience and
				necessity and is in compliance with the transportation policy declared in
				section
				271-1,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 7 - APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY OR PERMITS › Section 16-601-80 - Service of motor carrier applications

Current through June, 2024
(a) An applicant
				shall serve a copy of its application on:
(1)
				The appropriate carrier association when the proposed service will directly
				compete with the carriers in the association with respect to the territory
				served, the classification or types of commodities transported, or the
				classification of passenger carriers; and
(2) The consumer advocate (2
				copies).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 7 - APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY OR PERMITS › Section 16-601-81 - Water carriers

Current through June, 2024
An application for a water carrier certificate of public
				  convenience and necessity shall comply with sections 16-601-15 to 16-601-24,
				  and sections 16-601-74 and 16-601-75. In addition, the application must contain
				  the following information, either in the body of the application or in exhibits
				  attached to the application:
(1) A
				general description of the type of service being performed or proposed by the
				applicant, a reference to the statutory authority under which existing service
				is or will be performed, and a statement of the specific authority
				requested;
(2) The geographical
				scope of the proposed operation, including the termini and other points
				proposed to be served, and a concise narrative description of the proposed
				service;
(3) A statement of the
				rates or fares proposed to be charged, rules governing service, and the level
				and nature of proposed rates. Reference may be made to a tariff or tariffs on
				file with the commission;
(4) The
				frequency of the proposed service and the number of parties to be
				served;
(5) The kind and
				approximate number of units of equipment to be employed in the proposed
				service;
(6) The qualification and
				experience of key personnel;
(7) A
				statement of financial ability to render the proposed service together with a
				financial statement in accordance with section 16-601-75; and
(8) Facts showing that the proposed service
				will be required by the present and future convenience and necessity and is in
				compliance with the policy declared in section
				271G-2,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 7 - APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY OR PERMITS › Section 16-601-82 - Service of water carrier applications

Current through June, 2024
(a) An applicant
				for a water carrier certificate shall serve a copy of the application on:
(1) The consumer advocate (2
				copies);
(2) The respective mayors
				of the counties within the State that are affected by the proposed
				service;
(3) The director of
				transportation; and
(4) Other
				persons that may be designated by the chairperson.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-85 - General provisions

Current through June, 2024
(a) In order for
				the commission to schedule its future workload requirements in an efficient
				manner, every public utility and water carrier shall file with the commission a
				notice of intent to file a general rate increase not less than two months
				before filing its application or notice of increase, except that the foregoing
				does not apply to a public utility with annual gross utility operating revenues
				under $2,000,000. The carrier or applicant shall serve a copy of the notice of
				intent on the consumer advocate and the mayor of each county affected by the
				proposed rate increase. Proof of service must be filed with the notice of
				intent. The filing of a notice of intent does not set any hearing scheduling
				priorities for the public utility or water carrier that files the
				notice.
(b) This subchapter does
				not apply to changes pursuant to an automatic rate adjustment
				clause.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-86 - Public utility applications to change tariff provisions

Current through June, 2024
A public utility requesting authority to change any rate,
				  schedule, or charge or to alter any classification, contract, practice, or rule
				  as to result in such a change shall file an application which complies with
				  sections 16-601-15 to 16-601-24 and section 16-601-74 and file a financial
				  statement under section 16-601-75. In addition, the application shall contain
				  the following information and data, either in the body of the application or in
				  exhibits attached to the application;
(1) The currently effective rates, fares,
				tolls, rentals, or charges that are proposed to be changed or the
				classification, contract, practice, or rule proposed to be altered. The
				information and data need not be in tariff form; and
(2) The proposed changes, the justification
				for the proposed changes, the proposed rate structure, and the costs and other
				factors considered in proposing the change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-87 - Requirements for general rate increase applications by a public utility with annual gross operating revenues of $2,000,000 or more

Current through June, 2024
For an application by a public utility with annual gross
				  revenues from its public utility business of $2,000,000 or more for a general
				  rate increase or to alter any classification, contract, practice, or rule as to
				  result in a general rate increase to be considered a completed application
				  under section
				  269-16,
				  HRS, in addition to meeting the requirements in section 16-601-86, must contain
				  the following:
(1) A general
				description of the applicant's property and equipment or a reference to that
				description in a recent prior application;
(2) A statement of the original cost of the
				applicant's property and equipment, together with a statement of the applicable
				depreciation reserve. If it is impossible to state original cost, the facts
				creating the impossibility shall be set forth;
(3) The total increase requested, expressed
				in terms of dollars and by percentage. The increase to the different classes of
				service shall be expressed both in terms of dollars and by
				percentage;
(4) A summary of
				estimated earnings (rate of return summary) on a depreciated rate base for a
				twelve month period (test year). The adjusted or estimated results shown for
				the test year shall be on a consistent basis reflecting normalized conditions
				to the very best estimate possible. The test year shall be a forward test year,
				determined as follows:
(A) If an application
				is filed within the first six months of any year, the test year shall be from
				July 1 of the same year through June 3 0 of the following year; or
(B) If an application is filed within the
				last six months of any year, the test year shall be from January 1 through
				December 31 of the following year;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-88 - Requirements for general rate increase applications by a public utility with annual gross operating revenues of less than $2,000,000

Current through June, 2024
For an application by a public utility with annual gross
				  revenues from its public utility business of less than $2,000,000 for a general
				  rate increase or to alter any classification, contract, practice, or rule as to
				  result in a general rate increase to be considered a completed application
				  under section
				  269-16,
				  HRS, the application, in addition to meeting the requirements of section
				  16-601-86, must contain the following:
(1) A general description of the applicant's
				property and equipment;
(2) The
				total increase requested, expressed in terms of dollars and per cent. If
				different classes of service are affected, the increase requested shall be
				expressed in both dollars and by percentage for each class;
(3) A summary of estimated earnings (rate of
				return summary) on a depreciated rate base for a twelve month period (test
				year). The adjusted or estimated results shown for the test year shall be on a
				consistent basis reflecting normalized conditions to the best estimate
				possible. The test year shall be a forward test year, determined as follows:
(A) If an application is filed within the
				first six months of any year, the test year shall be from July 1 of the same
				year through June 30 of the following year; or
(B) If an application is filed in the last
				six months of any year, the test year shall be from January 1 through December
				31 of the following year; and
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-89 - Temporary general rate increase

Current through June, 2024
If an applicant requests a temporary general rate increase,
				  its written testimony and exhibits shall show probable entitlement and
				  financial need for the temporary general rate increase, and the exhibits for
				  the temporary general rate increase shall be prepared on a separate basis from
				  the rate application so that the commission will have a clear and distinct
				  record for the temporary general rate increase proceeding. The request shall
				  state the refund procedures to be utilized if the commission orders a refund.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-90 - Recorded test year data

Current through June, 2024
The latest recorded results for the test year period shall be
				  submitted by the applicant before the close of the evidentiary hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-91 - Service of completed public utility general rate increase application

Current through June, 2024
(a) A public utility applicant with annual
				gross revenues from its public utility business of $2,000,000 or more shall
				serve six copies of its completed general rate increase application on the
				consumer advocate and a copy on the mayor of any county affected by the
				increase The applicant shall provide proof of service when filing its
				application.
(b) A public utility
				applicant with annual gross revenues from its public utility business of less
				than $2,000,000 shall serve three copies of its completed general rate increase
				application on the consumer advocate. The applicant shall provide proof of
				service when filing its application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-92 - Waiver

Current through June, 2024
The commission may in its discretion modify the requirements
				  of this subchapter, if the requirements of this subchapter would impose a
				  financial hardship on the applicant or be unjust or unreasonable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-93 - Motor carrier tariff changes

Current through June, 2024
(a) Unless
				otherwise authorized by the commission, any proposed change or addition to
				motor carrier tariff provisions from those filed with the commission shall be
				filed with the commission and published thirty days before the effective
				date.
(b) The form and contents of
				the tariff filing to change or supplement any rate, fare, charge, rule, or
				condition, from those filed with the commission shall be as specified in
				Chapter
				16-603.
(c) Two copies of the tariff change filing
				shall be served on the consumer advocate, except where the filing is for a
				general rate increase, in which case six copies of the filing shall be served
				on the consumer advocate. The applicant shall file a certificate of service
				with the original filing. Additional copies may be obtained by the consumer
				advocate upon request.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 8 - RATE INCREASE APPLICATIONS AND TARIFF CHANGES › Section 16-601-94 - Water carrier tariff changes

Current through June, 2024
(a) Unless
				otherwise authorized by the commission, any proposed change to the water
				carrier tariffs on file with the commission shall be filed with this commission
				and published forty-five days before the effective date.
(b) The form and contents of the tariff
				filing to change or supplement any rate, fare, charge, rule, or condition from
				those filed with the commission shall be as specified in chapter
				16-605.
(c) Two copies of the
				tariff change filing shall be served on the consumer advocate, except where the
				filing is for a general rate increase, in which case six copies of the filing
				shall be served on the consumer advocate and one copy on the mayor of each
				county affected by the increase. The applicant shall file a certificate of
				service with the original filing. Additional copies may be obtained by the
				consumer advocate upon request.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 9 - APPLICATIONS TO ISSUE STOCK OR EVIDENCES OF INDEBTEDNESS, OR TO ASSUME LIABILITIES › Section 16-601-102 to 16-601-104 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 10 - APPLICATIONS TO SELL, LEASE, OR ENCUMBER PUBLIC UTILITY, WATER, OR MOTOR CARRIER PROPERTY OR RIGHTS; TO MERGE OR CONSOLIDATE FACILITIES; OR TO ACQUIRE STOCK OF ANOTHER PUBLIC UTILITY, WATER CARRIER, OR OTHER REGULATED COMPANY SUBJECT TO COMMISSION JURISDICTION › Section 16-601-105 - Contents

Current through June, 2024
(a) An application filed by any public
				utility, water carrier, motor carrier, or by other person subject to commission
				jurisdiction to sell, lease, assign, mortgage, or otherwise dispose of or
				encumber the whole or any part of its property that is necessary or useful in
				the performance of its duties to the public or any franchise, permit, or any
				operating right, or to merge or consolidate with any other public utility,
				water carrier, motor carrier, or other person subject to commission
				jurisdiction, with or without acquisition of the capital stock of the other
				public utility, water carrier, motor carrier, or other person, shall comply
				with sections 16-601-15 to 16-601-24 and section 16-601-74 and be signed by all
				parties under commission jurisdiction.
(b) The application shall contain the
				following data, either in the body of the application or in exhibits attached
				to the application:
(1) A description of the
				character of business performed and the territory served by each
				applicant;
(2) A description of the
				property involved in the transaction, including any franchises, certificates,
				permits, or operative rights; and, if the transaction is a sale, lease,
				assignment, merger, or consolidation, a statement of the book cost and the
				original cost, if known, of the property involved;
(3) Detailed reasons upon the part of each
				applicant for entering into the proposed transaction and the facts justifying
				it; and
(4) The agreed purchase
				price and the terms of payment. If merger or consolidation, the full terms and
				conditions thereof and compliance with any takeover law requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 10 - APPLICATIONS TO SELL, LEASE, OR ENCUMBER PUBLIC UTILITY, WATER, OR MOTOR CARRIER PROPERTY OR RIGHTS; TO MERGE OR CONSOLIDATE FACILITIES; OR TO ACQUIRE STOCK OF ANOTHER PUBLIC UTILITY, WATER CARRIER, OR OTHER REGULATED COMPANY SUBJECT TO COMMISSION JURISDICTION › Section 16-601-106 - Additional requirements for water and motor carriers

Current through June, 2024
(a)
				In addition to the requirements in section 16-601-105, if the transaction
				involves a certificate, permit, or operative right of a water or motor carrier,
				the application shall show the following data:
(1) The territory or points served, the
				nature of the service, the effect of the transaction upon present operations or
				rights, and a certification that a copy of the application was served upon or
				mailed to each carrier association that represents common carriers with whom
				the proposed service is likely to compete. An applicant's certificate of
				service shall also name all other parties served; and
(2) Whether the seller is a party to any
				through routes or joint rates or fares with any other carrier and whether
				operation under the rights involved is presently being conducted. If there has
				been any suspension or discontinuance of service during the preceding three
				years, the application shall state the facts and circumstances
				thereof.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 10 - APPLICATIONS TO SELL, LEASE, OR ENCUMBER PUBLIC UTILITY, WATER, OR MOTOR CARRIER PROPERTY OR RIGHTS; TO MERGE OR CONSOLIDATE FACILITIES; OR TO ACQUIRE STOCK OF ANOTHER PUBLIC UTILITY, WATER CARRIER, OR OTHER REGULATED COMPANY SUBJECT TO COMMISSION JURISDICTION › Section 16-601-107 to 16-601-109 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 11 - OTHER APPLICATIONS AND TARIFF FILINGS NOT INVOLVING RATE INCREASES › Section 16-601-110 - Other applications

Current through June, 2024
Applications relating to matters not mentioned in
				  subchapters
				  7 through
				  10 shall comply with sections
				  16-601-15 to 16-601-24 and section 16-601-74
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 11 - OTHER APPLICATIONS AND TARIFF FILINGS NOT INVOLVING RATE INCREASES › Section 16-601-111 - Public utility tariff filings

Current through June, 2024
Except for tariff filings of water carriers and motor
				  carriers that are governed by sections 16-601-93 and 16-601-94, any public
				  utility tariff additions or changes, other than tariff additions or changes
				  which result in an increase in rates, fares, or charges or changes in any
				  classifications, practices, or rules which would result in an increase in
				  rates, fares, or charges, may be filed with the commission to become effective
				  not less than thirty days after filing. The tariff page or pages to be added or
				  changed shall be filed with the commission, together with a transmittal letter.
				  The transmittal letter shall set forth the applicable information specified in
				  section 16-601-74 and section 16-601-86, together with the latest available
				  balance sheet and income statement, the justification for the proposed
				  additions or changes, and the proposed effective date thereof. The transmittal
				  letter shall have attached to it a certificate of service showing service on
				  the consumer advocate at the time of filing. Two copies of the tariff page or
				  pages, together with the transmittal letter, shall be served on the consumer
				  advocate. The additions or changes to the tariff, unless suspended by the
				  commission, shall become effective thirty days after filing with the commission
				  in compliance with this section or at a later date as may be specified in the
				  transmittal letter. Tariff filings not in compliance with this section will be
				  rejected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 11 - OTHER APPLICATIONS AND TARIFF FILINGS NOT INVOLVING RATE INCREASES › Section 16-601-112 - Short notice filings

Current through June, 2024
The commission may, in its discretion and for good cause
				  shown, allow any rate, fare, charge, classification, schedule, rule, or
				  practice to be established, abandoned, modified, or departed from upon notice
				  less than that provided for in section 16-601-111.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-117 - Briefs

Current through June, 2024
The presiding officer may require briefs to be submitted and
				  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 subject index and
				  table of authorities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-118 - Oral argument

Current through June, 2024
(a) The presiding
				officer may direct or permit oral argument, with the applicant, the
				complainant, or a respondent opening and concluding the argument. No more than
				one hour for each side shall be allowed for argument without special leave of
				the presiding officer.
(b) If more
				than one party is on a side, the presiding officer may grant more than one hour
				to that side, provided the party opening the argument is given additional time
				to respond to each of the parties on the opposite side.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-119 - Issuance of decisions and orders

Current through June, 2024
A proceeding stands submitted for decision by the commission
				  after the taking of evidence and the filing of any briefs or the presentation
				  of any oral argument as may have been prescribed by the presiding
				  officer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-120 - Request for draft decisions or prehearing orders

Current through June, 2024
(a) Whenever
				the commission requests one or more of the parties to draft an order,
				prehearing order, or proposed decision and order, the party or parties drafting
				the order, prehearing order, or proposed decision and order shall serve a copy
				on all other parties, and an opportunity shall be given to opposing attorneys
				or parties to present comments with respect thereto. The comments on the draft
				shall be submitted within five days of service or such other period ordered by
				the presiding officer.
(b) All
				proposed decisions and orders shall include proposed findings of fact and
				conclusions of law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-121 - Commission signatures

Current through June, 2024
All decisions and orders shall be signed by the commissioners
				  who heard and examined the evidence in the proceeding. A commissioner who did
				  not hear and examine all of the evidence may sign only after the requirements
				  set forth in section
				  91-11,
				  HRS, have been complied with. If a commissioner does not concur with the
				  majority in a decision, that commissioner may issue a dissenting decision or
				  sign the decision indicating that the commissioner does not concur with the
				  majority.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-122 - Service of decisions and orders

Current through June, 2024
The chief clerk shall serve a decision and order of the
				  commission to the parties, participants, or their attorneys in accordance with
				  section 16-601-21.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-123 - Effective date

Current through June, 2024
The effective date of the decision and order, unless
				  otherwise specified in the order, is the date it is filed by the chief clerk
				  and recorded in the commission's register.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-124 - Motion to set aside submission

Current through June, 2024
After conclusion of hearings, but before issuance of a
				  decision, a party to the proceeding may serve on all other parties and file
				  with the commission a motion to set aside the submission and reopen the
				  proceeding to take additional evidence. The motion shall specify the facts
				  claimed to constitute grounds in justification of the motion, including
				  material changes of fact or of law alleged to have occurred since the
				  conclusion of the hearing, and shall provide a brief description of the
				  proposed additional evidence and an explanation why the evidence was not
				  previously adduced.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 12 - POST HEARING PROCEDURES › Section 16-601-125 - Appeals

Current through June, 2024
Appeals may be taken in the manner and in the time provided
				  by sections
				  269-16(f),
				  271-32(e),
				  271-33, and
				  271G-24,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 13 - POST HEARING PROCEDURES FOR HEARINGS CONDUCTED BY HEARINGS OFFICER › Section 16-601-129 - Recommendations of hearings officer

Current through June, 2024
(a) After taking
				evidence, the hearings officer shall prepare a recommended decision setting
				forth findings of fact and conclusions of law and the reasons therefor and
				submit the recommended decision and order to the commission.
(b) The record shall include the pleadings,
				notice of hearing, motions, rulings, orders, transcript of the hearing,
				stipulations, documentary evidence, offers of proof, proposed findings, other
				documents submitted by the parties, all other matters placed in evidence,
				objections to the conduct of the hearing, and the report of the hearings
				officer.
(c) The hearings officer
				shall serve a copy of the hearings officer's report to all parties.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 13 - POST HEARING PROCEDURES FOR HEARINGS CONDUCTED BY HEARINGS OFFICER › Section 16-601-130 - Exceptions to hearings officer's report and recommendations

Current through June, 2024
(a)
				Within ten working days after service to the parties of the report of the
				hearings officer or such additional time as may be allowed by the hearings
				officer, a party may file with the commission a brief of its exceptions to the
				report and shall serve a copy of the brief on all other parties and the
				hearings officer.
(b) The
				exceptions shall:
(1) Set forth specifically
				the questions of procedure, fact, law, or policy to which exceptions are
				taken;
(2) Identify that part of
				the hearings officer's report and recommended order to which exceptions are
				made;
(3) Designate by page
				citation the portions of the record relied upon;
(4) Cite any authorities relied upon;
				and
(5) State all the grounds and
				reasons for exceptions to a ruling, finding, conclusion, or recommendation.
				Grounds not cited or specifically urged are waived.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 13 - POST HEARING PROCEDURES FOR HEARINGS CONDUCTED BY HEARINGS OFFICER › Section 16-601-131 - Brief opposing exceptions

Current through June, 2024
(a) Within ten
				working days after being served with the exceptions taken to the hearings
				officer's report or within such additional time as may be allowed by the
				hearings officer, a party may file with the commission a brief opposing the
				exceptions, and shall serve a copy of the brief upon each party and the
				hearings officer.
(b) The brief
				opposing the exceptions shall:
(1) State the
				facts and reasons why the report and recommendations should be
				affirmed;
(2) Answer specifically
				the points of procedure, fact, law, or policy to which exceptions were taken;
				and
(3) Designate by page citation
				the portions of the record relied upon.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 13 - POST HEARING PROCEDURES FOR HEARINGS CONDUCTED BY HEARINGS OFFICER › Section 16-601-132 - Oral argument before the commission

Current through June, 2024
The commission may, on its own motion or on the request of
				  any party, direct oral argument on the exceptions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 13 - POST HEARING PROCEDURES FOR HEARINGS CONDUCTED BY HEARINGS OFFICER › Section 16-601-133 - Commission decision

Current through June, 2024
If no exceptions are filed, the commission may approve,
				  reverse, or modify the recommendations of the hearings officer. If exceptions
				  are filed, upon the filing of briefs and presentation of any oral argument, the
				  commission may render its decision upon the record or it may reopen the hearing
				  and take further evidence or may make other disposition of the case that it
				  deems just and reasonable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 14 - MOTIONS FOR RECONSIDERATION OR REHEARING › Section 16-601-137 - Motion for reconsideration or rehearing

Current through June, 2024
A motion seeking any change in a decision, order, or
				  requirement of the commission should clearly specify whether the prayer is for
				  reconsideration, rehearing, further hearing, or modification, suspension,
				  vacation, or a combination thereof. The motion shall be filed within ten days
				  after the decision or order is served upon the party, setting forth
				  specifically the grounds on which the movant considers the decision or order
				  unreasonable, unlawful, or erroneous.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 14 - MOTIONS FOR RECONSIDERATION OR REHEARING › Section 16-601-138 - Effect of filing

Current through June, 2024
(a) The filing of a
				motion for reconsideration or rehearing shall not stay a commission decision
				and order. However, if a motion for a stay accompanies the motion, the
				commission shall act on the motion for a stay promptly. If a stay is granted,
				the stay shall remain in effect until disposal of the motion for
				reconsideration.
(b)
				Notwithstanding the foregoing, pursuant to section
				271-32(b),
				HRS, a commission order granting a change in motor carrier rates shall be
				automatically stayed upon the filing of a motion for reconsideration of the
				order. The stay shall remain in effect until the earlier of: the date the
				commission renders its decision on the motion for reconsideration or the
				twentieth day after the motion is filed. The commission may set aside this
				automatic stay for good cause shown.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 14 - MOTIONS FOR RECONSIDERATION OR REHEARING › Section 16-601-139 - Additional evidence

Current through June, 2024
When, in a motion filed under this subchapter, a request is
				  made to introduce new evidence, the evidence adduced shall be stated briefly,
				  that evidence must not be cumulative, and an explanation must be given why that
				  evidence was not previously adduced.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 14 - MOTIONS FOR RECONSIDERATION OR REHEARING › Section 16-601-140 - Replies to motions

Current through June, 2024
The commission may allow replies to a motion for rehearing or
				  reconsideration or a stay, if it deems those replies desirable or
				  necessary.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 14 - MOTIONS FOR RECONSIDERATION OR REHEARING › Section 16-601-141 - Successive motions

Current through June, 2024
A successive motion under this subchapter or section
				  16-601-124 submitted by the same party or parties and upon substantially the
				  same grounds as a former motion which has been considered or denied by the
				  commission shall not be again considered.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 14 - MOTIONS FOR RECONSIDERATION OR REHEARING › Section 16-601-142 - Oral argument

Current through June, 2024
Oral argument shall not be allowed on a motion for
				  reconsideration, rehearing, or stay, unless requested by the commission or a
				  commissioner .who concurred in the decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-146 - Initiation of rulemaking proceedings

Current through June, 2024
(a) The commission
				may, at any time on its own motion, initiate proceedings to adopt, amend, or
				repeal any rule of the commission.
(b) Any interested person may petition the
				commission to adopt, amend, or repeal any rule of the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-147 - Form and contents of petition

Current through June, 2024
Petitions for rulemaking shall conform to the requirements of
				  subchapter
				  2 and shall contain:
(1) The name, address, telephone number, and
				signature of each petitioner;
(2) A
				draft or substance of the proposed rule or amendment or a designation of the
				provisions proposed to be repealed or amended;
(3) A statement of the petitioner's interest
				in the subject matter; and
(4) A
				statement of the reasons in support of the proposed rule, amendment, or
				repeal.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-148 - Action on petition

Current through June, 2024
(a) The commission
				shall, within thirty days after the filing of a petition for rulemaking, either
				deny the petition in writing, stating its reason for its denial, or initiate
				proceedings in accordance with this subchapter and section
				91-3,
				HRS.
(b) A petition that fails in
				any respect to comply with this subchapter or to disclose sufficient reasons to
				justify the rulemaking proceeding will be denied. Denial of a petition shall
				not prevent the commission from acting on its own motion on any matter
				disclosed in the petition.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-149 - Notice of public hearing

Current through June, 2024
A notice of a public hearing on any proposed adoption,
				  amendment, or repeal of a rule shall include:
(1) A statement of the date, time, and place
				of the public hearing;
(2)
				Reference to the authority under which the adoption, amendment, or repeal of a
				rule is proposed; and
(3) A
				statement of the substance of the proposed rules.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-150 - Conduct of public hearing

Current through June, 2024
(a)The public
				hearing for the adoption, amendment, or repeal of rules shall be heard before
				the commission. The chairperson or, in the absence of the chairperson, another
				commissioner designated by the chairperson shall preside. The public hearing
				shall afford all interested persons a reasonable opportunity to submit data,
				views, and arguments, orally or in writing, with respect to the matters
				specified in the notice of public hearing. The presiding officer shall have
				authority to administer oaths or affirmations and to take all other actions
				necessary for the orderly conduct of the public hearing.
(b) Each public hearing shall be held at the
				time and place set in the notice of public hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-151 - Order of public hearing

Current through June, 2024
(a) To commence the
				public hearing, the chief clerk or the commission's counsel shall read or
				summarize the notice of public hearing and the presiding officer shall outline
				briefly the procedure to be followed. Statements will then be received with
				respect to the matters specified in the notice of public hearing in the order
				that the presiding officer prescribes. The order of procedure may be altered in
				the discretion of the presiding officer.
(b) Each person shall state his or her name
				and address and the association, if any, that he or she represents, and present
				a statement. The presiding officer may limit the statement to matters specified
				in the notice of public hearing.
(c) To allow each person an equal amount of
				time to testify or to prevent cumulative or unnecessary testimony, the
				presiding officer may limit the time for testimony by individual or by issue.
				Every person is subject to questioning by the commissioners or by
				representatives of the commission. Questions by other persons or agencies may
				be permitted by the presiding officer.
(d) Unless otherwise ordered by the
				commission, statements at the public hearing need not be reported
				verbatim.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-152 - Written presentation after public hearing

Current through June, 2024
Any person may submit written comments, data, views, and
				  arguments within ten days after the close of the last scheduled public hearing
				  date. An original and eight copies shall be submitted to the commission when
				  submitting written comments, recommendations, replies, or exhibits.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-153 - Lobbyists

Current through June, 2024
Any person who is a lobbyist as defined under section
				  97-1, HRS, shall be
				  registered as required under section
				  97-2,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-154 - Commission action

Current through June, 2024
The commission shall consider all statements, views,
				  comments, and documents of record before taking final action in a rulemaking
				  proceeding. Unless otherwise provided by law, any decision rendered pursuant to
				  this subchapter shall not be subject to a motion for reconsideration or
				  judicial review. Final action shall, unless otherwise indicated, be taken
				  within forty-five days after the time for submission of written comments or
				  recommendations has expired. The adoption, amendment, or repeal of a rule is
				  subject to the approval of the governor and filing with the lieutenant
				  governor.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 15 - RULEMAKING PROCEEDINGS › Section 16-601-155 - Emergency rulemaking

Current through June, 2024
Notwithstanding the foregoing, if the commission finds that
				  emergency rulemaking is required, it may modify the procedures enumerated
				  above, provided the requirements of sections
				  91-3
				  and
				  91-4,
				  HRS, are complied with.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-159 - Who may apply

Current through June, 2024
On the petition of an interested person, the commission may
				  issue a declaratory order as to the applicability of any statute or any rule or
				  order of the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-160 - Declaratory order by commission

Current through June, 2024
The commission may, on its own motion or upon request and
				  without notice or hearing, issue a declaratory order to terminate a controversy
				  or to remove uncertainty.