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 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-21 - Service of process

Current through June, 2024
(a) The commission
				shall cause the chief clerk to serve all decisions, orders, notices, and other
				documents issued by it, together with any other documents, that it is required
				by law to serve. All other documents shall be served by the parties filing
				them.
(b) The commission or any
				person filing documents shall serve a copy upon each party or its attorney and
				shall attach a certificate of service on the filed original. Any attorney
				entering an appearance after the commencement of a proceeding shall notify all
				other attorneys then of record and all parties not represented by an attorney
				of that fact. The consumer advocate shall be served two copies of any documents
				filed with the commission.
(c)
				Documents shall be served personally or, unless otherwise provided by law, by
				first class mail.
(d) Service upon
				a party, other than the commission, shall be deemed complete upon the
				occurrence of at least one of the following:
(1) The party or its attorney is personally
				served;
(2) The document is
				delivered to the party's office or its attorney's office and left with some
				responsible person; or
(3) The
				document is properly stamped, addressed, and mailed to the last known address
				of the party on file with the commission or to its attorney.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-22 - Computation of time

Current through June, 2024
In computing any period of time specified under this chapter,
				  in a notice, or in any order or rule of the commission, the day of the act,
				  event, or default shall not be included. The last day of the period so computed
				  shall be included unless it is a Saturday, Sunday, or holiday in which event
				  the period runs until the end of the next day which is not a Saturday, Sunday,
				  or holiday. When the prescribed time is less than seven days, Saturdays,
				  Sundays, and holidays within the designated period shall be excluded in the
				  computation. As used in this chapter, "holiday" includes any day designated as
				  such by section
				  8-1,
				  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 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-23 - Enlargement

Current through June, 2024
(a) When by this chapter or by notice or by
				order of the commission, any act is required or allowed to be done at or within
				a specified time, the commission for good cause shown may at any time, in its
				discretion:
(1) With or without motion or
				notice, order the period enlarged, if written request is made before the
				expiration of the period originally prescribed or as extended by a previous
				order; or
(2) Upon motion made
				after the expiration of the specified period, permit the act to be done where
				the failure to act was the result of excusable neglect; but it may not extend
				the time for taking any action on jurisdictional matters and where any order
				expressly provides that no enlargement shall be granted.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-24 - Filing fees

Current through June, 2024
The following filing fees shall be paid to the chief clerk
				  when any of the following is filed:
(1) Public utilities, water carriers
				(property and passenger):
(A) Application or
				petition (excluding tariff filings, short notice filings, notices of increase,
				or filings for approval of capital expenditures) -$30.00
(B) Tariff filing, short notice filing,
				notice of increase, or filing for approval of capital expenditures - no
				charge
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-28 - Disqualification

Current through June, 2024
A commissioner or hearings officer shall be disqualified from
				  participating in any proceeding where such participation would be a violation
				  of the conflict of interest provisions of section
				  84-14,
				  HRS. A commissioner or hearings officer shall disclose before the commencement
				  of any agency hearing all relationships to any of the parties or
				  participants.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-29 - Ex parte communications

Current through June, 2024
(a) No person,
				whether or not a party to or participant in an agency hearing, shall consult or
				communicate with any commissioner or hearings officer or any member of the
				commission staff on any issue of fact in a contested case proceeding before the
				commission, except as otherwise authorized in this section or by law.
(b) All written and oral ex parte
				communications received by any commissioner or hearings officer, containing
				facts or contentions in a contested case proceeding, which may affect the
				decision in the proceeding and which are known or believed to be unauthorized
				at the time of receipt, shall be immediately sent to all interested parties to
				the proceeding and made an official part of the record.
(c) The following classes of ex parte
				communications are authorized:
(1)
				Communication between the commission and commission staff;
(2) Communication that relates solely to
				matters which a commissioner or hearings officer is authorized to dispose of on
				an ex parte basis,-
(3)
				Communication with counsel or staff for the commission relating solely to
				matters of practice and procedure; and
(4) Communication had after adequate notice
				and opportunity for all parties to participate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-30 - Notice of hearings or meetings

Current through June, 2024
Notice of hearings shall be as follows:
(1) In rate increase proceedings for
				electric, gas, water, telephone, sewage and other utilities, notice of the
				public hearing, with the purpose of the hearing, shall be given as provided in
				sections
				92-41,
				269-12, and
				269-16,
				HRS.
(2) For contested cases, the
				commission shall provide notice of the hearing to the applicant and any other
				parties of record as provided in sections
				91-9
				and
				91-9.5,
				HRS.
(3) Notice of meetings shall
				be made in accordance with section
				92-7, HRS.
(4) Notices of complaint hearings shall be
				made in the manner for formal complaints.
(5) Notice of rulemaking proceedings shall be
				made in accordance with sections 16-601-149 and 16-601-155.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-31 - Order of procedure

Current through June, 2024
(a) Except as
				otherwise provided in this section, in all hearings before the commission the
				applicant, complainant, or movant shall open and close. Interveners,
				respondents, and participants shall be heard in the order the presiding officer
				directs.
(b) When a tariff, not
				involving a rate increase, has been placed under investigation, the respondent
				shall open and close. In other investigation proceedings, the presiding officer
				shall determine the order of presentation. Intervenors and participants shall
				be heard in the order the presiding officer directs.
(c) The order of presentation shall not alter
				the burden of proof, including the burden of producing evidence and the burden
				of persuasion. The party or parties who must bear these burdens shall be
				determined by law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-32 - Co-counsel

Current through June, 2024
Unless otherwise allowed by the presiding officer, only one
				  of the attorneys for each party that is represented by more than one attorney
				  shall be permitted to conduct the direct examination of a witness;
				  cross-examine a witness; state and argue an objection or motion; and make
				  opening or closing argument.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-33 - Cross-examination

Current through June, 2024
Each party has the right to conduct such cross-examination of
				  the adverse party's witnesses as may be required for a full and true disclosure
				  of the facts and has the right to submit rebuttal evidence.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-34 - Limiting number of witnesses

Current through June, 2024
To avoid unnecessary or unduly repetitious evidence, the
				  presiding officer may limit the number of witnesses or the time for testimony
				  upon a particular issue.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-35 - Waiver of procedures; informal disposition

Current through June, 2024
With the approval of the commission, any procedure in a
				  contested case may be modified or waived by stipulation of the parties and
				  informal disposition may be made of any contested case by stipulation, agreed
				  settlement, consent order, or default.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-36 - Prehearing conference

Current through June, 2024
In any proceeding, the commission or hearings officer, on its
				  own initiative or at the request of the parties, may convene a prehearing
				  conference to consider:
(1)
				Simplification of issues;
(2)
				Necessity or desirability of amendments to pleadings;
(3) Possibility of obtaining admissions of
				fact and documents to avoid unnecessary proof;
(4) Limiting the number of witnesses and
				disclosing the names of witnesses to be called;
(5) The theory of each party's case,
				including the basic facts it intends to prove;
(6) Marking of exhibits for identification;
				and
(7) Other matters which may aid
				the efficient disposition of the proceeding.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-37 - Prehearing order

Current through June, 2024
(a) Where a prehearing conference is held,
				the commission or hearings officer shall enter a prehearing order which recites
				the action taken at the conference, including:
(1) The amendments allowed to the
				pleadings;
(2) The agreements made
				by the parties as to any of the matters considered;
(3) The issues for hearing not otherwise
				disposed of by admissions or agreements of the parties; and
(4) The procedural schedule.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-38 - Requests for subpoenas

Current through June, 2024
(a) Any party may
				request the issuance of a subpoena requiring the attendance of a witness to
				testify before the commission. The request shall be in writing and shall state
				the reasons why the testimony of the witness is material and relevant to the
				issues in the proceeding.
(b) Any
				party may request the issuance of a subpoena duces tecum for the production of
				documents or records. The request must:
(1) Be
				in writing;
(2) Specify the
				particular document or record, or portion of document or record sought;
				and
(3) State the reasons why the
				production is material and relevant to the issues in the proceeding.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-39 - Consolidation or separation

Current through June, 2024
The commission, upon its own initiative or upon motion, may
				  consolidate for hearing two or more proceedings that involve related questions
				  of fact or law or may separate matters in issue for hearing in two or more
				  separate proceedings, if it finds that consolidation or separation will be
				  conducive to the proper dispatch of its business and to the ends of justice and
				  will not unduly delay the proceedings.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-41 - Motions

Current through June, 2024
(a) All motions, except when made during a
				hearing, shall:
(1) Be in writing;
(2)State the grounds for the
				motion;
(3) Set forth the relief or
				order sought; and
(4) Be
				accompanied by a memorandum in support of the motion, if the motion involves a
				question 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 3 - AGENCY HEARING PROCEDURES › Section 16-601-42 - Motion to dismiss

Current through June, 2024
A motion to dismiss any application or complaint made before
				  a hearing on the merits of a case, shall not be heard until five days after the
				  motion has been filed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-43 - Rules of evidence

Current through June, 2024
Neither the commission nor a hearings officer is bound by the
				  common law rules relating to the admission or rejection of evidence The
				  commission or hearings officer may exercise its own discretion in these
				  matters, limited only by considerations of relevancy, materiality, and
				  repetition by the rules of privilege recognized by law, and with a view to
				  doing substantial justice
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-44 - Rulings

Current through June, 2024
(a) The presiding officer shall rule on the
				admissibility of evidence and on any oral motions made in the course of the
				hearing. The presiding officer may issue a ruling after taking the matter under
				advisement. The presiding officer's rulings may be reviewed by the commission
				in determining matters on their merit. In extraordinary circumstances where
				prompt decision by the commission is necessary to promote justice, the
				presiding officer may refer the question of admissibility or any motion to the
				commission for determination.
(b)
				When objections are made to the admission or exclusion of evidence, the grounds
				relied upon shall be stated briefly. Formal exceptions to rulings are
				unnecessary and need not be taken.
(c) An offer of proof for the record shall
				consist of a statement of the substance of the evidence to which objection has
				been sustained.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-45 - Prepared testimony

Current through June, 2024
(a) With the
				approval of the presiding officer, a witness on direct examination may read
				into the record or summarize the witness' prepared testimony. Before any
				testimony is read or summarized, unless excused by the presiding officer, the
				witness shall deliver copies of any prepared testimony to the presiding
				officer, the chief clerk, and all attorneys or parties. Admissibility shall be
				subject to the rules governing oral testimony. If the presiding officer deems
				it in the interest of orderly procedure or if substantial savings in time will
				result, the prepared testimony may be received in evidence without reading,
				provided that copies of the prepared testimony are served upon all parties and
				the commission at least five days before the hearing, unless otherwise directed
				by the presiding officer.
(b) To
				promote an orderly hearing procedure, prepared testimony and exhibits that are
				filed with the commission in advance pursuant to a prehearing order shall be
				received in evidence without reading. Witnesses may summarize their prepared
				testimony during the hearing. Any amendments to the prepared direct and
				rebuttal testimony shall be served upon all parties and filed with the
				commission in accordance with the prehearing order or as the presiding officer
				directs. A party introducing totally new matters by revisions or supplements
				shall attach a sworn affidavit explaining why these matters were not submitted
				with the direct testimony. The commission may, if the explanation is
				unreasonable, reject the amended testimony. Notwithstanding that prepared
				testimony and exhibits are placed into evidence by this subsection, the parties
				to the proceeding may, during the hearing, object on evidentiary grounds to the
				admissibility of all or part of the prepared testimony or exhibits and move to
				strike the same. Notwithstanding that an applicant's or respondent's testimony
				and exhibits are in evidence, a party will not be precluded from presenting any
				motion it deems appropriate after the close of the applicant's or respondent's
				case.
(c) Prepared testimony shall
				be legible and on paper not exceeding
				8-1/2 x 11
				inches. Testimony shall be:
(1) Double
				spaced;
(2) Printed on only one
				side of each page; and
(3) Printed
				on pre-numbered lines.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-46 - Documentary evidence

Current through June, 2024
(a) If relevant and
				material matter offered in evidence is included in a document containing other
				matters, the offering party shall designate specifically the matter so offered.
				If other matters in the document would unnecessarily encumber the record, at
				the discretion of the presiding officer, the relevant and material matter may
				be read into the record or copies or portions thereof received as an exhibit
				and the rest excluded. Other parties may examine the document and offer in
				evidence other portions which are material and relevant.
(b) Documentary exhibits shall be legible and
				on paper not exceeding
				8-1/2 x 11
				inches or bound or folded to that size where practical. Whenever practicable,
				pages of each exhibit shall be numbered, and data and other figures shall be in
				tabular form.
(c) When exhibits are
				offered in evidence, the original and eight copies shall be furnished to the
				presiding officer and a copy given to each party, unless the prasiding officer
				directs otherwise.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-47 - Official records

Current through June, 2024
(a) If any matter
				in a document on file as an official record with the commission is offered in
				evidence, it may be received in evidence by reference, unless otherwise
				directed by the presiding officer, provided that the particular portions of the
				document are specifically identified and are otherwise relevant and material to
				the issues.
(b) If testimony in
				another proceeding before the commission is offered in evidence, a copy of the
				material and relevant portions of the transcript shall be offered as an exhibit
				unless the testimony was summarized, in which case a copy of the material and
				relevant portions of the prepared testimony shall be offered as an
				exhibit.
(c) Admissibility shall be
				subject to the rules governing oral testimony.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-48 - Official notice of facts

Current through June, 2024
The commission may take official notice of those matters as
				  may be judicially noticed by the courts of the State. It may also take official
				  notice of generally recognized technical or scientific facts within its
				  specialized knowledge, upon notice to all parties before or during the hearing.
				  Any party may contest the facts so noticed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-49 - Additional evidence

Current through June, 2024
At the hearing, the presiding officer may require the
				  production of further evidence upon any issue or may call other competent
				  witnesses to testify upon any issue. The presiding officer may authorize a
				  party to file documentary evidence as part of the record within a fixed time
				  after conclusion of a 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 3 - AGENCY HEARING PROCEDURES › Section 16-601-50 - Protective orders

Current through June, 2024
A party or any person may move for a protective order to
				  protect the confidentiality of information that is protected from disclosure
				  under chapter
				  92F, HRS, or by law. A motion for a
				  protective order shall specifically identify the document or information to be
				  protected. The movant shall bear the burden of establishing that the
				  information should be protected. Stipulations for a protective order, subject
				  to the commission's approval, may be accepted in lieu of motions for protective
				  orders.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 3 - AGENCY HEARING PROCEDURES › Section 16-601-51 - Correction of transcript

Current through June, 2024
A party may move to correct the transcript within fifteen
				  days after receipt of the transcript. The movant shall serve a copy of the
				  motion upon all other parties. The motion shall certify the date when the
				  transcript was received. If no objection to the motion to correct is served and
				  filed within ten days after service and filing of the motion, the commission or
				  hearings officer may issue an order making those corrections. If any party
				  objects to the correction, the commission or hearings officer shall determine
				  whether the correction should be made, with due consideration given to the
				  stenographic transcript of the 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 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-55 - Intervention

Current through June, 2024
(a) A person may make an application to
				intervene and become a party by filing a timely written motion in accordance
				with sections 16-601-15 to 16-601-24, section 16-601-41, and section 16-601-57,
				stating the facts and reasons for the proposed intervention and the position
				and interest of the applicant.
(b)
				The motion shall make reference to:
(1) The
				nature of the applicant's statutory or other right to participate in the
				hearing;
(2) The nature and extent
				of the applicant's property, financial, and other interest in the pending
				matter;
(3) The effect of the
				pending order as to the applicant's interest;
(4) The other means available whereby the
				applicant's interest may be protected;
(5) The extent to which the applicant's
				interest will not be represented by existing parties;
(6) The extent to which the applicant's
				participation can assist in the development of a sound record;
(7) The extent to which the applicant's
				participation will broaden the issues or delay the proceeding;
(8) The extent to which the applicant's
				interest in the proceeding differs from that of the general public;
				and
(9) Whether the applicant's
				position is in support of or in opposition to the relief sought.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-56 - Participation without intervention

Current through June, 2024
(a) The commission
				may permit participation without intervention. A person or entity in whose
				behalf an appearance is entered in this manner is not a party to the proceeding
				and may participate in the proceeding only to the degree ordered by the
				commission. The extent to which a participant may be involved in the proceeding
				shall be determined in the order granting participation or in the prehearing
				order.
(b) A person who has a
				limited interest in a proceeding may make an application to participate without
				intervention by filing a timely written motion in accordance with sections
				16-601-15 to 16-601-24, section 16-601-41, and section 16-601-57.
(c) The motion shall provide:
(1) A clear and concise statement of the
				direct and substantial interest of the applicant;
(2) The applicant's position regarding the
				matter in controversy;
(3) The
				extent to which the participation will not broaden the issues or delay the
				proceeding;
(4) The extent to which
				the applicant's interest will not be represented by existing parties;
(5) A statement of the expertise, knowledge,
				or experience the applicant possesses with regard to the matter in
				controversy;
(6) Whether the
				applicant can aid the commission by submitting an affirmative case;
				and
(7) A statement of the relief
				desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-57 - Time to file

Current through June, 2024
A motion to intervene or participate, to be timely, shall be
				  filed and served as follows:
(1) A
				motion to intervene or participate in a public utility rate increase case shall
				be filed not later than ten days after the last public hearing held pursuant to
				the published notice of the hearing. The date for filing a timely motion to
				intervene shall be indicated in the published notice of public hearing. The
				movant shall serve its motion on the applicant and consumer advocate before
				filing it with the commission and shall file with the commission a proof of
				that service;
(2) In all
				applications requesting issuance or transfer of a certificate of public
				convenience and necessity or contract carrier's permit, the motion to intervene
				or participate shall be filed not later than twenty days after a notice of the
				pending application has been published in a newspaper of general circulation
				within the State or within the county or counties affected by the application.
				The movant shall serve a copy of its motion on the applicant and two copies on
				the consumer advocate and shall file with the commission a proof of that
				service; or
(3) A motion to
				intervene or participate shall be served on all parties and the consumer
				advocate and filed, in the proceedings other than those specified in paragraphs
				(1) or (2), no later than:
(A) Twenty days
				after an application is filed;
(B)
				Twenty days after the commission orders an investigation including an
				investigation of a tariff change or an initial tariff filing. However, a motion
				to intervene or participate in a tariff change that results in a public utility
				general rate increase must be filed as specified in paragraph (1); or
(C) Ten days before the date set
				for the first day of hearing on a complaint.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-58 - Protests

Current through June, 2024
Any person filing a protest against a water carrier, motor
				  carrier, or a public utility tariff change shall:
(1) State the protester's full name, mailing
				address, and telephone number; and
(2) State the facts constituting the grounds
				for protest, show how the protester is affected, and why the proposed increase
				or change may not be justified.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-59 - Protests of motor carrier tariff change

Current through June, 2024
Any person may protest or oppose any proposed tariff change
				  filed by a motor carrier or its designated tariff agent by notifying the
				  commission in writing and serving the protest on the motor carrier or its
				  designated agent not less than twelve days before the effective date of the
				  proposed tariff change. The motor carrier or its designated tariff agent may
				  file its reply to the protest not less than five days before the effective date
				  of the proposed tariff change with proof of service of a copy of its reply on
				  the protester.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-60 - Protests of water carrier tariff change

Current through June, 2024
Any person may protest or oppose any proposed tariff change
				  filed by a water carrier by notifying the commission in writing and serving the
				  protest on the water carrier or its designated agent not less than fifteen days
				  before the effective date of the proposed tariff change. The water carrier may
				  file its reply to the protest not less than five days before the effective date
				  of the proposed tariff change with proof of service of a copy of its reply on
				  the protester.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-61 - Protests of public utility tariff change

Current through June, 2024
Any person may protest or oppose any proposed tariff changes
				  filed by a public utility pursuant to section 16-601-111 by notifying the
				  commission in writing and serving the protest on the public utility or its
				  designated agent not less than fifteen days before the effective date of the
				  proposed tariff change. The public utility may file its reply to the protest
				  not less than five days before the effective date of the proposed tariff change
				  with proof of service of a copy of its reply on the
				  protester.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 4 - INTERVENTION, PARTICIPATION, PROTEST AND CONSUMER ADVOCATE › Section 16-601-62 - Consumer advocate

Current through June, 2024
(a) The consumer
				advocate is, ex officio, a party to any proceeding before the commission. The
				consumer advocate shall, except as noted herein, submit a statement of position
				to the commission, with service to the parties of record, stating:
(1) Whether it intends to participate in the
				proceeding;
(2) Its position on the
				relief requested in the application or complaint (including whether it is in
				support of or in opposition to the relief requested) or on the investigation
				ordered by the commission; and
(3)
				The basis for its position.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 5 - COMPLAINTS AND COMMISSION INVESTIGATIONS › Section 16-601-66 - Informal complaints

Current through June, 2024
(a) An informal
				complaint in writing may be made by any person against any public utility,
				water carrier, motor carrier, or other person subject to commission
				jurisdiction. The complaint shall state the name of the respondent, the date
				and approximate time of the alleged act, and set forth fully and clearly the
				facts of the act complained of.
(b)
				The complaint should be drawn as to fully and completely advise the respondent
				and the commission in what respects the provisions of the law or rules have
				been or are being violated or will be violated and should set forth in plain
				language the facts claimed to constitute the violation.
(c) The complaint should specify the relief
				sought or desired, such as, but not limited to, requests for refund from
				respondent or that respondent should cease and desist from a
				practice.
(d) Informal complaints
				may be in letter form. The commission will assign a number to each complaint. A
				complaint is deemed filed on the date it is received by the commission. All
				supporting papers, including, but not limited to, bills, letters, and notices,
				must be submitted at the time of filing; otherwise the complaint may be
				returned as incomplete.
(e) If the
				informal complaint appears to be susceptible to informal adjustment, a copy or
				a statement of the substance of the complaint may be transmitted by the
				commission to the respondent in an endeavor to have the complaint satisfied by
				correspondence or conference without the need for a formal complaint.
(f) If a formal complaint is filed, the
				processing of the informal complaint shall be discontinued.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 5 - COMPLAINTS AND COMMISSION INVESTIGATIONS › Section 16-601-67 - Formal complaints

Current through June, 2024
(a) Any person may
				file a formal complaint against any public utility, water carrier, motor
				carrier, or other person subject to commission jurisdiction.
(b) Formal complaints shall:
(1) Be in writing;
(2) Comply with sections 16-601-15 to
				16-601-21;
(3) State the full name
				and address of each complainant and of each respondent;
(4) Set forth fully and clearly the specific
				act complained of in ordinary and concise language; and
(5) Advise the respondent and the commission
				completely of the facts constituting the grounds of the complaint, the
				injury-complained of, and the exact relief desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 5 - COMPLAINTS AND COMMISSION INVESTIGATIONS › Section 16-601-68 - Answer to formal complaints

Current through June, 2024
The respondent shall, within the time specified in the order
				  or any extension thereof as the commission grants, file its answer with proof
				  of service on the complainant and the consumer advocate. All grounds of
				  defense, both of law and of fact, shall be raised in the answer. If the
				  respondent has no information or belief upon the subject sufficient to enable
				  an answer to the allegation, it may so state in the answer and place its denial
				  upon that ground.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 5 - COMPLAINTS AND COMMISSION INVESTIGATIONS › Section 16-601-69 - Motion to dismiss or to make more definite and certain

Current through June, 2024
(a)
				Respondent may file with its answer a motion that the allegations in the
				complaint be made more definite and certain. The motion shall specify the
				defects complained of and the details desired. The respondent may also file a
				motion to dismiss a complaint because the complaint fails to state a claim upon
				which relief can be granted or for other valid reasons. If a motion to dismiss
				is filed before the answer, the commission shall set the date for filing the
				answer when it rules upon the motion.
(b) No reply to the answer shall be filed,
				but the complainant, within ten days after the filing of the answer, may file a
				motion that the answer be made more definite and certain. The motion shall
				specify the defects complained of and the details desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 5 - COMPLAINTS AND COMMISSION INVESTIGATIONS › Section 16-601-70 - Hearing on complaints

Current through June, 2024
When a respondent has filed its answer, the commission shall
				  set a hearing on the complaint. The chief clerk shall mail the notice of
				  hearing by first class mail to the complainant and the respondent at least ten
				  days before the hearing, setting forth the date, time, and place of
				  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 5 - COMPLAINTS AND COMMISSION INVESTIGATIONS › Section 16-601-71 - Commission investigation

Current through June, 2024
The commission may at any time investigate matters subject to
				  its jurisdiction. The chief clerk shall serve notices or orders instituting
				  investigation, indicating the nature of the matters to be investigated and the
				  name of the respondents being investigated. A respondent need not file a
				  pleading in response to the investigatory order unless so
				  directed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 6 - APPLICATIONS AND PETITIONS GENERALLY › Section 16-601-74 - Contents

Current through June, 2024
All applications and petitions shall:
(1) State clearly and concisely the
				authorization or relief sought;
(2)
				Cite the appropriate statutory provision or other authority under which
				commission authorization or relief is sought; and
(3) In addition to specific requirements for
				particular types of applications (see subchapters
				7 to
				10), state the following:
(A) The applicant's legal name and location
				of principal place of business, and, if a corporation, trust, association, or
				other organization, the state under whose laws the applicant was
				organized;
(B) The name, title, and
				address of the person to whom correspondence or communications in regard to the
				application are to be addressed. Notices, orders, and other documents shall be
				served upon the person named, and that service shall be deemed to be service
				upon the applicant; and
(C) If ex
				parte action or relief pending full hearing is sought, the necessity or
				emergency justifying the requested action.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 6 - APPLICATIONS AND PETITIONS GENERALLY › Section 16-601-75 - Financial statement

Current through June, 2024
(a) Unless
				otherwise directed by the commission, whenever this chapter provides that a
				financial statement shall be submitted with an application or petition, the
				statement shall be prepared up to the latest available date and shall show,
				where applicable, the following information:
(1) Amount and kinds of stock authorized by
				articles of incorporation and amount outstanding;
(2) Terms of preference of preferred stock,
				whether cumulative or participating or on dividends or assets, or
				otherwise;
(3) Brief description of
				each security agreement, mortgage, and deed of trust on applicant's property,
				showing date of execution, debtor and secured party, mortgagor and mortgagee,
				and trustor and beneficiary, amount of indebtedness authorized to be secured
				thereby, and amount of indebtedness actually secured, together with any sinking
				fund provisions;
(4) Amount of bonds
				authorized and issued, giving the name of the public utility or parent company
				which issued same, describing each class separately, and giving the date of
				issue, par value, rate of interest, date of maturity and manner secured,
				together with amount of interest paid thereon during the last calendar year and
				any special provisions in the indenture, such as sinking fund provisions and
				interest coverage;
(5) Each note
				outstanding, giving the date of issue, to whom payable, amount, date of
				maturity, and rate of interest, together with amount of interest expense
				thereon during the last calendar year;
(6) Other indebtedness, giving same by
				classes and describing security, if any, with a brief statement of devolution
				or assumption of any portion of indebtedness upon or by any person or
				corporation if the original liability has been transferred, together with
				amount of interest expense thereon during the last calendar year; and
(7) Rate and amount of dividends paid during
				the five previous calendar years and the year-end amount of capital stock for
				those years.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 6 - APPLICATIONS AND PETITIONS GENERALLY › Section 16-601-76 - Incorporation by reference

Current through June, 2024
Financial information, whether specified in section 16-601-75
				  or otherwise, and information required for particular types of applications may
				  be provided by reference to a specific document or documents or parts thereof
				  previously filed with the commission. The reference shall note the date of
				  filing, the exhibit number, and the proceeding in which the document or
				  documents were filed. To avoid repetitive filing of documents with
				  applications, petitions, or tariff filings, any public utility, water carrier,
				  or motor carrier may submit a complete set of the documents or information
				  required under section 16-601-75 and section 16-601-87(8) and subsequently
				  update the documents or information by submitting a copy of any new reports,
				  statements, or documents as they are filed with federal or state agencies. If
				  this procedure is used, a copy of all documents filed with the commission shall
				  also be submitted to the consumer advocate.