reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-24 - Commencement of proceedings; service

Current through June, 2024
(a) A proceeding
				  shall commence with the filing of a petition pursuant to section 6-23-28 for a
				  contested case hearing, including a certificate of service, at the system's
				  main office in Honolulu. Upon the filing of a petition and certificate of
				  service, the system shall date stamp the petition and assign a docket number,
				  as provided in section 6-23-8.
(b)
				  The petitioner shall serve personally or by first class mail one copy of the
				  petition and certificate of service on each of the parties to the proceedings,
				  or upon an agent or attorney representing the party.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-25 - Limitations period

Current through June, 2024
All petitions under this subchapter are forever barred
					 unless filed within two years after the petitioner first knew or should have
					 known that the system had denied the petitioner the alleged benefit, service
					 credit, or other entitlement under chapter
					 88, HRS, that forms the basis for the
					 petition. Such knowledge includes the petitioner's receipt of an informal
					 decision from the system denying the petitioner the alleged benefit, service
					 credit, or entitlement. The petitioner bears the burden of proving that the
					 petitioner has complied with the imitations period.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-26 - Computation of time; extension of time

Current through June, 2024
(a) In computing
				  any period of time prescribed or allowed by this subchapter, or any order of
				  the board or a hearing officer, the day of the act, event, or default after
				  which the designated period of time is to run shall not be included. The last
				  day of the period shall be included unless it is a Saturday, Sunday, or legal
				  holiday in the State, in which event the period of time runs until the end of
				  the next day which is neither a Saturday, Sunday, or legal holiday.
				  Intermediate Saturdays, Sundays, or legal holidays shall not be included in the
				  computation when the period of time prescribed or allowed is seven days or
				  less. A half holiday shall not be considered a holiday for purposes of these
				  computations. All references in this subchapter to days shall mean calendar
				  days, unless otherwise expressed.
(b) Except for the time for filing exceptions
				  under section 6-23-50 (b), but including the limitations period, whenever a
				  person or agency is required or allowed to act within a time specified by this
				  subchapter, the board or hearing officer may:
(1) Extend such period, for a reasonable
				  amount of time, if a written request is filed with the board or hearing officer
				  before the specified period expires; 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 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-27 - Appearances

Current through June, 2024
Any party may appear in person or by counsel or other
					 representative. A partner may appear on behalf of a partnership and an officer
					 may appear on behalf of a corporation. Persons who appear as counsel must
					 conform to the standards of conduct and ethics required of practitioners before
					 the courts of the State.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-28 - Contents of petition; form; rejection

Current through June, 2024
(a) The original
				  and one copy of the petition shall be filed with the system. The petition shall
				  contain:
(1) The petitioner's name, mailing
				  address, and telephone number, and the petitioner's fax number and e-mail
				  address, if available;
(2) A brief
				  statement of the nature of the petitioner's interest, including 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, including the date of the alleged denial of the benefit,
				  service credit, or other entitlement;
(5) A brief statement of the issues
				  raised;
(6) A statement of the
				  petitioner's interpretation of the statute, rule, or order or the petitioner's
				  position or contention with respect thereto;
(7) A statement containing the legal reasons,
				  including any legal authorities, in support of the petitioner's interpretation
				  and the relief sought;
(8) The
				  names of any other parties or potential parties; and
(9) The petitioner's signature.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-29 - Consideration of petition

Current through June, 2024
(a) The hearing
				  officer, within a reasonable amount of time after the petition has been filed,
				  shall do one of the following:
(1) Deny the
				  petition where:
(A) 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;
(B) The petitioner's interest is not of the
				  type which confers sufficient standing to maintain an action in a court of
				  law;
(C) The issuance of a final
				  decision may adversely affect the interest of the State, the system, or any of
				  the officers or employees in any litigation which is pending or may be
				  reasonably be expected to arise;
(D) The petition requests a decision on a
				  matter other than the alleged misapplication or violation of any provision of
				  chapter
				  88, HRS, or rules promulgated
				  thereunder, setting forth an alleged entitlement to a benefit, service credit,
				  or other alleged entitlement, or on a matter otherwise not within the scope of
				  this subchapter;
(E) The petition
				  requests a decision on a statutory provision not administered by the board or
				  the matter is not otherwise within the jurisdiction of the board; or
(F) The petition is frivolous; or
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-30 - Jurisdiction; powers and duties of presiding officer

Current through June, 2024
(a) The hearing officer appointed by the
				  system shall preside over contested case hearings governed by this subchapter.
				  The chairperson of the board or other member of the board designated by the
				  chairperson shall preside over hearings of arguments on exceptions under
				  section 6-23-51. The board or the hearing officer shall have jurisdiction over
				  those matters expressly authorized by this subchapter, respectively.
(b) With respect to contested case hearings
				  governed by this subchapter, the hearing officer as presiding officer shall
				  have the following powers and duties;
(1)
				  Continue or postpone, at the request of a party, any hearing;
(2) Regulate the course and conduct of the
				  hearing;
(3) Administer oaths and
				  take affidavits;
(4) Examine
				  witnesses and admit or exclude documentary or other evidence;
(5) Issue and dispose of subpoenas;
(6) Hold conferences, before or during the
				  hearing, for the simplification of issues;
(7) Rule on motions, requests, offers of
				  proof, procedural requests, and similar matters;
(8) Hear and decide questions of fact, law,
				  or discretion; and
(9) Do all other
				  acts and take all measures necessary, as authorized by chapter
				  88, HRS, for the maintenance of order
				  and for the efficient, fair, and impartial adjudication of issues arising in
				  proceedings governed by this subchapter.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-31 - Burden of proof

Current through June, 2024
Except as otherwise provided by law, the party initiating
					 the proceeding shall have the burden of proof, including the burden of
					 producing evidence and the burden of persuasion. The party having the burden of
					 proof shall proceed first in the presentation of opening statements, evidence,
					 witnesses, and arguments, followed by the other party. The degree or quantum of
					 proof shall be a preponderance of the evidence.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-32 - Prehearing conference

Current through June, 2024
(a) The hearing
				  officer, at any time before the hearing is scheduled, may direct the parties
				  and their counsel or other representatives to appear at a prehearing conference
				  to consider:
(1) The simplification of issues
				  and stipulations as to facts and law not in dispute;
(2) The necessity or desirability of
				  amendment to the pleadings;
(3) The
				  exchange of exhibits, documents, and prepared testimony, admissions, and
				  stipulations as to the admissibility or relevance of exhibits;
(4) The limitation of the number of
				  witnesses;
(5) Time, place, and
				  other considerations, such as time constraints, for the hearing; and
(6) Any other matters which may expedite the
				  disposition of the proceeding.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-33 - Notice of hearing

Current through June, 2024
(a) At least
				  fifteen days prior to hearing, all parties shall be given written notice of the
				  hearing, including:
(1) The date, time, place,
				  and nature of the hearing;
(2) The
				  section of the pertinent statutes or rules involved;
(3) A concise statement of the issues and
				  basic facts giving rise to the petition. A copy of the petition attached to the
				  notice of the hearing shall satisfy this requirement; and
(4) The right to retain counsel, if
				  desired.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-34 - Memorandum in opposition

Current through June, 2024
Each respondent, within thirty days after the receipt of
					 the notice of hearing, may file and serve upon all parties a memorandum in
					 opposition stating concisely and fully the respondent's legal and factual
					 position.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-35 - Procedure at hearings

Current through June, 2024
(a) All hearings
				  shall be conducted pursuant to chapter
				  91, HRS, and this subchapter, before a
				  hearing officer. All parties shall be afforded the full opportunity to present
				  evidence and argument on all issues. If there is no dispute of fact, the
				  hearing officer may permit the parties to proceed by memoranda of law in lieu
				  of a hearing.
(b) The hearing shall
				  proceed as follows:
(1) Opening statements.
				  Petitioner shall first present opening statements, followed by
				  respondents;
(2) Evidence.
				  Petitioner shall first present evidence, followed by respondents, followed by
				  any rebuttal evidence;
(3)
				  Witnesses. Each witness shall be examined first by the party calling the
				  witness before cross-examination by the opposing party;
(4) Closing argument. After all evidence and
				  witnesses have been admitted, petitioner shall first make closing arguments, if
				  necessary, and respondent shall then make closing arguments, if
				  necessary.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-36 - Evidence; witnesses; exhibits

Current through June, 2024
(a) The hearing
				  officer shall admit all evidence that is not irrelevant, immaterial, unduly
				  repetitious, or otherwise unreliable or of little probative value. Evidence
				  relating to settlement that would be excluded under rule
				  408
				  of the Hawaii Rules of Evidence, chapter
				  626, HRS, shall not be
				  admissible.
(b) At hearing,
				  witnesses shall be examined orally, under oath. Parties shall have the right to
				  cross-examine witnesses, so long as the cross-examination is not unduly
				  repetitious. At the discretion of the hearing officer, re-direct examination
				  and re-cross examination may be permitted.
(c) For any exhibit sought to be admitted
				  during a hearing before a hearing officer, an original plus one copy shall be
				  distributed to the hearing officer, and one copy shall be furnished to each
				  party.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-37 - Motions

Current through June, 2024
(a) General. All motions, except those made
				  orally on the record during a hearing, shall:
(1) Be in writing;
(2) Provide the name of the petitioner and
				  docket number of the case;
(3)
				  State the factual or legal grounds, or both, for the motion with
				  particularity;
(4) Set forth the
				  relief or order sought; and
(5) Be
				  accompanied by an affidavit or declaration or other evidence relied upon. The
				  motion may be accompanied by legal memorandum, not to exceed twenty pages. All
				  motions shall be accompanied by a certificate of service and shall be served on
				  each party to the proceeding.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-38 - Motions to dismiss or for summary judgment; disposition of claims

Current through June, 2024
(a) The presiding officer, upon motion by a
				  party, may at any time issue an order for summary judgment in favor of the
				  petitioner or respondent as to all or any part of the claims, if no genuine
				  issue of material fact exists and a party is entitled to judgment as a matter
				  of law.
(b) The presiding officer,
				  upon motion by a party or on the presiding officer's own motion, may at any
				  time issue an order dismissing the petition on the grounds of lack of
				  jurisdiction, failure to state a claim on which relief may be granted, or any
				  other ground upon which the petition may be dismissed prior to the hearing. In
				  addition, the presiding officer may issue an order of dismissal of the petition
				  upon a stipulation of the parties or upon a voluntary dismissal by the
				  petitioner.
(c) An order that
				  grants or denies disposal of some or all claims in the petition shall
				  constitute a recommended decision pursuant to section 6-23-48 if issued by the
				  hearing officer and not considered an interlocutory order. An order that grants
				  or denies disposal of some or all claims in the petition shall constitute a
				  proposed decision pursuant to section 623-49 if issued by the board upon
				  receipt of a recommended decision and not considered an interlocutory order. An
				  order that disposes of some but not all of the claims in the petition shall be
				  considered an interlocutory order and shall be appealable under section
				  91-14,
				  HRS, only after a final decision has been issued, or if deferral of review
				  would deprive the appellant of adequate judicial review under section
				  91-14,
				  HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-39 - Intervention

Current through June, 2024
(a) Upon timely motion and at the discretion
				  of the hearing officer, the executive director or any person or agency may be
				  permitted to intervene as a party in a contested case proceeding if the
				  executive director, person, or agency asserts a substantial interest in the
				  outcome of the contested case proceeding or the intervention will be conducive
				  to effectuating applicable laws or governmental functions and
				  purposes.
(b) The hearing officer
				  shall have the discretion to deny a motion to intervene for reasons including
				  but not limited to the following:
(1) The
				  position of the person seeking intervention is adequately represented by a
				  party already admitted to the proceeding;
(2) Granting the intervention will render the
				  proceeding inefficient and unmanageable;
(3) Granting the intervention will unduly
				  delay the proceeding; or
(4)
				  Granting the intervention will harass, hinder, or prejudice the rights of any
				  party to the proceeding.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-40 - Default

Current through June, 2024
(a) The presiding officer may find a party to
				  be in default upon motion by a party or at the presiding officer's discretion,
				  on the following grounds:
(1) Failure to
				  comply with an administrative order;
(2) Failure to appear at a conference or
				  hearing without good cause being shown; or
(3) Failure to prosecute the case.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-41 - Filing of documents; public records

Current through June, 2024
(a) Filing. If any
				  document filed in a proceeding governed by this subchapter is not in
				  substantial conformity with the applicable rules of the system, or is otherwise
				  insufficient, the presiding officer may, at the presiding officer's discretion
				  or on the motion of any party, strike the document or require its amendment. If
				  amended, the document shall be effective as of the date of the original
				  filing.
(b) Public records.
				  Notwithstanding section 6-204, all documents filed in a proceeding under this
				  subchapter shall be retained in the files of the system and shall be government
				  records that are open to inspection and copying by members of the public,
				  except as provided in chapter
				  92F, HRS, and other applicable law.
				  Any party who believes that a document filed under this subchapter is not a
				  government record shall file a motion with the system, stating the legal basis
				  as to why the party believes that the document is not a government record as
				  defined in chapter
				  92F, HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-42 - 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 hearing officer may, at any time after the filing of
				  the petition, order the taking of testimony of a witness by oral
				  examination.
(b) The application
				  shall be made to 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 mailing 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.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-43 - Depositions; person before whom taken, Oath, examination, and cross-examination, record of Examination, filing of deposition

Current through June, 2024
(a) The
				  deposition shall be taken before an officer authorized to administer
				  oaths.
(b) The officer before whom
				  the testimony is to be taken shall put the witness to oath. The adverse party
				  shall have the right to cross-examine the witness. The questions propounded to
				  the witness and the answers thereto shall be taken stenographically and
				  transcribed.
(c) All objections
				  made at the time of the examination shall be noted by the officer upon the
				  deposition. Evidence objected to shall be taken subject to the objection. The
				  officer taking the deposition shall certify on the deposition that the witness
				  was duly sworn and that the deposition is a true record of the testimony given
				  by the witness and shall forward the deposition with two copies thereof in a
				  sealed envelope, endorsed with the title of the proceeding, to the board at the
				  system's office.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-44 - Use of depositions

Current through June, 2024
(a) A deposition
				  ordered and taken in accordance with section 6-23-42 may be used in a
				  proceeding if the hearing officer finds that the evidence is otherwise
				  admissible and:
(1) The witness is
				  dead;
(2) The witness is out of the
				  State, unless it appears that the absence of the witness is procured by the
				  party offering the deposition;
(3)
				  The witness is unable to attend or testify because of age, sickness, infirmity,
				  or imprisonment;
(4) The party
				  offering the deposition has endeavored and has been unable to procure the
				  attendance of the witness by subpoena; or
(5) Upon application and notice, that such
				  exceptional circumstances exist as to make it desirable, in the interest of
				  justice and with due regard to the importance of presenting the testimony
				  orally before the board or hearing officer, to allow the deposition to be
				  made.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-45 - Disqualification of board member or hearing officer

Current through June, 2024
(a) No
				  matter shall be heard by a member of the board or by a hearing officer who:
(1) Has any direct financial interest in the
				  matter being heard;
(2) Has
				  personally and substantially participated:
(A)
				  In an investigation relating to the institution of the proceeding; or
(B) In the development of the evidence to be
				  introduced in the proceeding; or
(3) Is related within the third degree by
				  blood or marriage to any party to the proceeding or any party's representative
				  or attorney.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-46 - Reassignment of case

Current through June, 2024
If for any reason the hearing officer designated for the
					 hearing of a case is unable to complete the hearing, the system may, without
					 abatement of the proceedings, assign the case to another hearing officer.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-47 - Ex parte contacts

Current through June, 2024
At no time after the petition is served and filed shall any
					 member of the board or the hearing officer, who are deciding the petition,
					 consult any person on any issue of fact except upon notice and opportunity for
					 all parties to participate, save to the extent required for the disposition of
					 ex parte matters authorized by law. Any ex parte memorandum or other written
					 communication addressed to a board member or the hearing officer, by or on
					 behalf of any party, shall be regarded as argument made in the proceeding and
					 shall be served on all other parties.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-48 - Recommended decision

Current through June, 2024
When a case is heard by a hearing officer, the hearing
					 officer shall make and file with the board a recommended decision which shall
					 include recommended findings of fact and conclusions of law. If any party has
					 been permitted to file proposed findings of fact and conclusions of law, the
					 recommended decision shall include rulings on each proposed finding of fact and
					 conclusion of law. The hearing officer shall file the recommended decision
					 within sixty days after the close of the reception of evidence or the filing of
					 any post-hearing memoranda or proposed findings of fact and conclusions of law,
					 whichever is later.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-49 - Proposed decision

Current through June, 2024
Upon receipt of the recommended decision, the board may
					 accept it as its proposed decision, or may remand the recommended decision to
					 the hearing officer for any clarification or correction, or may modify the
					 recommended decision and issue its own draft of a proposed decision. A copy of
					 the proposed decision shall be served on each party.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-50 - Filing of exceptions; extension of time; finality of proposed decision

Current through June, 2024
(a) Within fifteen days after receipt of a
				  copy of the board's proposed decision, any party may file with the board
				  exceptions to any part thereof and request review by the board. Each exception
				  shall specify the portion of the record and authorities relied on to sustain
				  each point. Within fifteen days after receipt of a copy of a party's exceptions
				  and request for review, any party may file with the board a response to the
				  exceptions and request for review. In addition, a copy of the exceptions and
				  request for review, and response, shall be served upon each of the parties who
				  were served with a copy of the proposed decision.
(b) Any party may apply for an extension of
				  time within which to file exceptions to the proposed decision, or response, by
				  filing a written application setting forth the reasons for the request. The
				  application shall be filed before the respective expiration of the period
				  prescribed for the filing of exceptions or response. Upon good cause shown, the
				  board, any member of the board, or the executive director on behalf of the
				  system, may extend the time for filing exceptions or response, for an
				  additional period not to exceed fifteen days after the applying party's receipt
				  of the extension of time within which to file exceptions or response.
(c) If no exceptions and request for review
				  are filed within the time specified, the proposed decision shall become final,
				  unless the board on its own motion orders further proceedings to be held.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-51 - Argument on exceptions

Current through June, 2024
Upon the filing of exceptions by a party adversely affected
					 by the proposed decision, the board shall grant such party an opportunity to
					 present arguments to the board. The executive director shall set the time and
					 place of hearing of argument on exceptions and give written notice thereof to
					 the parties.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-52 - Final decision

Current through June, 2024
(a) Where
				  exceptions have been filed to the board's proposed decision, the board, within
				  sixty days after the hearing on the exceptions, shall render its final
				  decision. In rendering its final decision, the board shall consider the whole
				  record or such portions thereof as may be cited by the parties, and shall
				  resolve all questions of fact by what it deems to be the preponderance of the
				  evidence. The final decision shall be in writing and shall contain findings of
				  fact and conclusions of law upon which the decision is based.
(b) The final decision shall be personally
				  delivered or mailed to the parties by registered or certified mail with return
				  receipt requested.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-53 - Reconsideration of decision

Current through June, 2024
(a) A motion for
				  reconsideration shall be filed with the board within fifteen days after the
				  board files its final decision. The motion for reconsideration shall clearly
				  specify that the motion is for reconsideration.
(b) The motion for reconsideration shall
				  state specifically what points of law or fact, or both, the motion asserts the
				  board has overlooked or misunderstood, together with brief arguments on the
				  points raised.
(c) No answer or
				  reply to a motion for reconsideration shall be required or considered unless
				  requested by the board. Oral argument on the motion shall be at the discretion
				  of the board.
(d) Only one motion
				  for reconsideration shall be filed by each party and the filing of a motion for
				  reconsideration shall not operate as a stay of the board's final decision or
				  order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Appendix A - Petition for Contested Case Hearing Sample Format

Current through June, 2024
BOARD OF TRUSTEES EMPLOYEES' RETIREMENT SYSTEM STATE OF
					 HAWAII
)
In the Matter of
)
DOCKET No.:
)
(To be filled in by agency)
_______________________
)
(Petitioner's first and last name)
)
PETITION FOR CONTESTED CASE
)
HEARING
Petitioner,
)
)
Attachments or Exhibits:
for a Contested Case Hearing.
)
)
1. ________________________
)
)
2. _________________________
)
)
3. ________________________
)
)
4. ________________________
_______________________
)
PETITION FOR CONTESTED CASE HEARING
1.
PETITIONER'S INFORMATION
A.
Petitioner's
				  Name:
(Type or write in the Petitioner's full legal
				  name.)
B.
Petitioner's Mailing Address:
(Type or write in the Petitioner's
				  complete mailing address. Unless the Petitioner is represented by an attorney,
				  all notices and pleadings in this proceeding will be mailed to this
				  address.)
C.
Petitioner's Telephone Number:
(Type or write in the Petitioner's
				  complete telephone number.)
D.
Petitioner's Fax
				  Number:
(Type or write in the Petitioner's complete fax number if
				  available.)
E.
Petitioner's E-Mail Address:
(Type or write in the Petitioner's
				  e-mail address if available.)
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-1 - Definitions

Current through June, 2024
Definitions generally applicable to this chapter are also
				  provided in section
				  88-21, HRS, and
				  section 6-20-1. As used in this
				  chapter:
"Employee organization" means an organization classified as
				  an employee organization under section
				  89-2, HRS.
"General employee" means a member who is an employee of the
				  State or a county, including police officers and firefighters but excluding
				  teachers.
"General employee organization" means an organization which
				  is comprised principally of members who are general employees.
"General employee-trustee" means a trustee who is classified
				  as a general employee.
"Retirant organization" means an organization which is
				  comprised principally of retirants.
"Retirant-trustee" means a trustee who is included in the
				  definition of a retirant.
"Teacher" means a member classified as a teacher under
				  section
				  88-102,
				  HRS; a teacher or an educational officer certified as a teacher by the
				  department of education, and includes a dean, professor, instructor and
				  lecturer of the University of Hawaii and the community college system.
"Teacher-trustee" means a trustee who is included in the
				  definition of a teacher.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-2 - Candidates proposed by employee organizations or retirant organizations

Current through June, 2024
(a) Each of the general employee
				organizations, if the election is for a general employee-trustee; each of the
				teacher organizations, if the election is for a teacher-trustee; the above
				mentioned organizations and retirant organizations, if the election is for a
				retirant-trustee; shall be invited to submit a list of candidates whose names
				the organization desires to have on the ballot, together with brief resumes of
				their qualifications. The resume of each candidate shall contain not more than
				one hundred words, inclusive of the candidate's name.
(b) The list of candidates must be received
				by the system at its Honolulu office, by 4:30 p.m., no later than sixty days
				from the date the system posts or circulates the notice to submit a list of
				candidates Any list of candidates received after the sixtieth day shall not be
				considered.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-3 - Other candidates

Current through June, 2024
Any member or retirant who has not been proposed as a
				  candidate by an employee or retirant organization, as the case may be, and who
				  desires to be a candidate for election to the board may have the member's or
				  retirant's name placed on the ballot by submitting a petition to the board, if
				  the following conditions are met:
(1)
				The petitioner shall be a general employee if the election is for a general
				employee-trustee; a teacher, if the election is for a teacher-trustee; or a
				retirant, if the election is for a retirant-trustee;
(2) The petition shall be accompanied by the
				signatures of at least one hundred members or retirants of the system who
				desire to have the petitioner's name on the ballot The signatures shall be
				obtained on a form provided by the system. For identification and member or
				retirant verification purposes the signatures shall be accompanied by the last
				four digits of the member's or retirant's social security number, current
				mailing address, and current or former employing agency of each person signing
				the petition, and shall be certified by the petitioner;
(3) The petition must be received by the
				system at its Honolulu office (together with a resume of the qualifications of
				the petitioner containing not more than one hundred words, inclusive of the
				petitioner's name) no later than 4:30 p.m. sixty days from the date the notice
				to submit petition is published; and
(4) The system shall verify the petitioner's
				status as a member or retirant of the system, as the case may be, and the
				signatures and status as a member or retirant of the system, as the case may
				be, of at least one hundred of the persons signing the petition.
The notice to submit petition shall be published in a
				  newspaper of general circulation in the State, shall announce the forthcoming
				  election, and shall contain other information as appropriate.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-4 - Contents of ballots

Current through June, 2024
The ballot shall:
(1) List in alphabetical sequence the names
				of the candidates; and
(2) Contain
				a resume containing not more than one hundred words, inclusive of the
				candidate's name, of the qualifications of each candidate.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-4.01 - Electronic voting authorized

Current through June, 2024
(a) The system may
				use electronic means to allow members and retirants to vote. The administrator
				may implement and maintain the electronic voting system, or the board may
				appoint an independent electronic balloting service that specializes in the
				solicitation and compilation of ballots for government entities through
				electronic means, for the purpose of performing some or all of the functions in
				connection with electronic voting.
(b) If electronic voting is used, electronic
				ballots shall be sent, received, and maintained in a manner substantially
				equivalent to the manner in which paper ballots are sent, received, and
				maintained. The administrator or the independent balloting agent, whichever
				implements the electronic voting system, shall maintain and ensure the
				integrity and security of the electronic voting system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-5 - Mailing of ballots

Current through June, 2024
(a) For printed
				ballots, a ballot shall be mailed to each member and retirant together with a
				postage guaranteed return envelope, between September 1 and December 1 of the
				calendar year preceding the year in which the term of an elected trustee
				expires; provided that if a vacancy occurs for the unexpired term of a trustee,
				the board shall determine whether to fill the vacancy by appointment or
				election and if by election, the dates for the mailing of ballots
(b) The system shall maintain a listing of
				the names and mailing addresses of all members and retirants to whom ballots
				were sent.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-6 - Return of ballots

Current through June, 2024
(a) For printed
				ballots, members and retirants shall have at least fifteen days from the date
				of the mailing of the ballot within which to return the ballot. The postmark
				date on the return envelope shall determine whether the envelope has been
				returned within the prescribed period. The system shall date stamp all
				envelopes which are hand-delivered, or which are not post-marked or which are
				received by the system after the last day for the return of ballots.
(b) All ballots received after the time
				prescribed for the return of ballots shall be kept separately for inspection
				and disposition by the election committee.
(c) The system shall maintain a daily record
				of the number of ballots received. Printed ballots shall be kept sealed and
				locked in boxes until the day for the tallying of ballots.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-7 - Non-receipt of ballots; spoiled ballots; new ballots

Current through June, 2024
(a) Any
				member or retirant who claims not to have received a paper or electronic ballot
				shall be issued a new ballot through paper or electronic means, if the records
				indicate that no ballot was sent to the member or retirant, the ballot was sent
				to the wrong mailing address, or the member or retirant was not able to access
				the electronic ballot, through no fault of the member or retirant; provided
				that if the ballot was sent to the wrong mailing address a reasonable time
				shall elapse to permit return of the ballot before the issuance of a new ballot
				if the records indicate that a ballot was sent to the proper mailing address, a
				new ballot shall be issued if the member or retirant shall file a written
				statement certifying that the member or retirant did not receive the
				ballot.
(b) A member or retirant
				who has spoiled a ballot may request a new ballot which shall be issued only
				upon the receipt of the spoiled ballot by the system.
(c) The system shall keep a record of all
				ballots issued under the provisions of this section.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-8 - Election committee

Current through June, 2024
The system shall appoint an election committee of three
				  members who shall be recommended by employee and retirant organizations. The
				  committee shall supervise the opening and tallying of ballots and shall, upon
				  completion of the tally, certify to the board of trustees the results of the
				  election.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-9 - Opening and tallying of ballots

Current through June, 2024
(a) The system
				shall tally the ballots no earlier than four days after the last day for the
				return of ballots by mail
(b)
				Ballots shall be opened and tallied under the supervision of the election
				committee. Electronic ballots may be opened and tallied by an independent
				electronic balloting service under the supervision of the election
				committee.
(c) Any ballot
				containing more than the number of votes permitted by the instructions on the
				ballot and any ballot containing any erasure shall be invalid. The committee
				shall be the sole judge as to the validity of any other questionable
				ballot.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-10 - Declaration of election

Current through June, 2024
upon receipt of the certified results of the election from
				  the election committee, the board of trustees shall declare as elected the
				  person (or persons, if there is more than one trustee to be elected) receiving
				  the highest number of votes.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-11 - Ballots to be held for thirty days

Current through June, 2024
All ballots which have been tallied shall be held by the
				  system for a period of at least thirty days following the day when the
				  successful candidate or candidates take office. If there are no questions
				  raised as to the results of the election, the system may then destroy the
				  ballots.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 24 - ELECTION OF MEMBERS AND RETIRANT OF THE SYSTEM TO THE BOARD OF TRUSTEES › Section 6-24-12 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by this
				  chapter, or any order of the board, the day of the act, event, or default after
				  which the designated period of time is to run shall not be included. The last
				  day of the period shall be included unless it is a Saturday Sunday, or legal
				  holiday in the State, in which event the period of time runs until the end of
				  the next day which is neither a Saturday, Sunday, or legal holiday Intermediate
				  Saturdays, Sundays, or legal holidays shall not be included in the computation
				  when the period of time prescribed or allowed is seven days or less. A half
				  holiday shall not be considered a holiday for purposes of these computations.
				  All references in this chapter to days shall mean calendar days, unless
				  otherwise expressed.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 25 - WITHHOLDING OF FEDERAL INCOME TAXES FROM RETIREMENT ALLOWANCE PAYMENTS › Section 6-25-1 - Scope

Current through June, 2024
This chapter shall govern the withholding of federal income
				  taxes from the pension, annuity or retirement allowance payments to all
				  retirants who desire to have their Federal income taxes withheld from such
				  payments.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 25 - WITHHOLDING OF FEDERAL INCOME TAXES FROM RETIREMENT ALLOWANCE PAYMENTS › Section 6-25-2 - Acceptable consent forms

Current through June, 2024
Retirants shall consent in writing to the withholding of
				  federal income taxes. The system may accept the following as written consents
				  if properly signed:
(1) U.S. Treasury
				Form W-4P, "Employee's Withholding Exemption Certificate";
(2) Any letter from the retirant requesting
				the withholding of a specified monthly sum; and
(3) Any form as provided by the system for
				such purpose.