reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-16 - Subpoenas

Current through June, 2024
(a) The commission or hearings officer on
				  its/her/his own, or at the request of a party, shall have the power on
				  its/her/his own to issue subpoenas requiring the attendance of witnesses or the
				  production of documents. The commission or hearings officer may require that
				  any request for the issuance of a subpoena identify with particularity the
				  person to be subpoenaed or the documents desired. Witnesses summoned shall be
				  paid the same fees and mileage as are paid witnesses in courts in the State and
				  the fees and mileage shall be paid by the party at whose instance the subpoena
				  issues, or by the commission should the commission itself decide to issue the
				  subpoena, or the hearings officer herself/himself should the hearings officer
				  decide to issue the subpoena.
(b)
				  Application for subpoenas shall be made in writing to the commission. The
				  application shall be reasonable in scope and specify as clearly as possible
				  documents or data desired, and show its general relevancy.
(c) Upon motion timely made, or sua sponte,
				  the commission or hearings officer may:
(1)
				  Quash or modify the subpoena if it is unreasonable and oppressive, or the
				  application fails to support a showing of general relevancy; or
(2) Condition denial of the motion to quash
				  or modify a subpoena upon advancement by the requesting party of the costs of
				  producing the documents.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-17 - Absence of hearings officer

Current through June, 2024
When a petition has been assigned to a hearings officer
					 for hearing or further proceedings, the powers and duties to be performed by
					 the hearings officer in connection with the proceeding, without abatement of
					 the proceeding, may be assigned to another hearings officer, provided no
					 hearings officer shall render a report with recommendations to the commission
					 for the commission's consideration and disposition unless that hearings officer
					 was present at opening and closing arguments and all presentations of evidence
					 concerning those matters.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-18 - Disqualification of a commission member or hearings officer

Current through June, 2024
(a)
				  No matter shall be heard by a commission member or hearings officer who:
(1) Has any direct pecuniary interest in the
				  matter being heard;
(2) Is related
				  within the third degree by blood or marriage to any party to the proceeding or
				  any party's representative or attorney;
(3) Has participated in the investigation
				  preceding the institution of the proceeding or has participated in the
				  development of the evidence to be introduced in the proceeding;
(4) Has a personal bias or prejudice
				  concerning a party or personal knowledge of disputed evidentiary facts
				  concerning the proceeding which will prevent a fair hearing by the commission
				  or hearings officer; or
(5) Has
				  presented circumstances that fairly give rise to an appearance of impropriety
				  and reasonably cast suspicion on the impartiality of the member or hearings
				  officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-19 - Evidence

Current through June, 2024
(a) The admissibility of evidence at the
				  hearing shall not be governed by the rules of evidence and all relevant oral or
				  documentary evidence shall be admitted if it is the sort of evidence on which
				  reasonable persons are accustomed to rely in the conduct of serious affairs.
				  Irrelevant, immaterial, or unduly repetitious material shall not be admitted
				  into evidence. The commission or hearings officer shall give effect to the
				  privileges recognized at law.
(b)
				  Documentary evidence may be received in the form of copies, provided that, upon
				  request, all other parties to the proceeding shall be given an opportunity to
				  compare the copy with the original. If the original is not available, a copy
				  may still be admissible but the nonavailability of the original and the reasons
				  therefor shall be considered by the commission or hearings officer when
				  considering the weight of the documentary evidence.
(c) The commission or hearings officer may
				  take notice of judicially recognizable facts and of generally recognized
				  technical or scientific facts. The parties, whenever possible, shall be
				  notified before the hearing of the material to be so noticed and shall be
				  afforded an opportunity at the hearing to contest the facts so
				  noticed.
(d) Except as otherwise
				  provided by law, the burden of proof, including the burden of producing the
				  evidence and the burden of persuasion, shall be upon the party initiating the
				  proceeding. Proof of a matter shall be by a preponderance of the
				  evidence.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-20 - Decision; generally

Current through June, 2024
(a) Unless
				  otherwise provided, every decision and order issued by the commission shall be
				  in writing or stated in the record. Where the case has been contested and the
				  decision is adverse to any party, the decision shall be accompanied by separate
				  findings of fact and conclusions of law.
(b) The commission shall cause a certified
				  copy of the decision and order together with the findings of fact and
				  conclusions of law to be transmitted by hand or by certified or registered
				  mail, return receipt requested, to each party within a reasonable
				  time.
(c) In a contested case where
				  notice of the hearing has been served by publication and the party so served
				  has failed to appear at the hearing, service of the commission's decision is
				  complete upon transmission by registered or certified mail, return receipt
				  requested, to the party at the party's last known address.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-21 - Motion for reconsideration

Current through June, 2024
Any party, within ten days after receipt of any final
					 order may move the commission to reconsider the commission's final order or
					 decision. The motion shall be filed with the commission and shall state
					 specifically what points of law or fact the commission has overlooked or
					 misunderstood together with brief arguments on the points raised. No answer or
					 reply to the motion shall be considered unless requested by the commission.
					 Oral argument on the motion shall be with the discretion of the commission.
					 Only one motion for reconsideration may be filed by each party and the filing
					 of the motion shall not operate as a stay of the commission's final order or
					 decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-22 - Judicial review of contested cases

Current through June, 2024
(a) Any party
				  aggrieved by a final decision or order of the commission in a contested case or
				  by a preliminary ruling or order of the commission of such a nature that
				  deferral of review pending the entry of a subsequent final order would deprive
				  that party of adequate relief is entitled to judicial review in conformance
				  with section
				  91-14,
				  Hawaii Revised Statutes.
(b) Any
				  party requesting judicial review in writing, shall serve a copy of the request
				  upon the commission and all other parties to the proceeding in accordance with
				  the Hawaii rules of civil procedure.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-23 - Ex parte communications

Current through June, 2024
(a) In any
				  contested case, declaratory relief, or adoption, modification of rules
				  proceedings before the commission:
(1) No
				  party or person, either in private or public life, shall communicate privately
				  on the merits of the case with the commission, the commission's staff, or with
				  the hearings officer designated to hear and decide the matter unless
				  specifically provided for by law; and
(2) No member of the commission's staff or
				  any other government agency who participates in the hearing as a witness or
				  counsel shall privately communicate on the merits of the case with the
				  commission or with the hearings officer designated to hear and decide the
				  matter, unless specifically provided for by law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-30 - Contents of petition for contested case proceeding; preliminary determination

Current through June, 2024
(a) The
				  commission's executive director or any aggrieved person may petition the
				  commission or hearings officer for a hearing to resolve a contested matter
				  within the commission's jurisdiction. The petition for contested case
				  proceeding shall state plainly and precisely the facts and circumstances of the
				  petitioner's grievance, the laws and rules involved, and the relief sought by
				  the petitioner.
(b) The
				  commission's preliminary determination of probable cause and preliminary
				  findings of fact and conclusions of law issued by the commission after a
				  meeting conducted under chapter
				  92, Hawaii Revised Statutes, may be
				  filed as a petition for contested case proceeding.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-31 - Action by the commission

Current through June, 2024
Unless otherwise specifically provided by statute or
					 rules, upon the filing of the petition, and as expeditiously as possible, the
					 commission shall either set the matter for further proceedings before the
					 commission or assign the petition to a hearings officer for further proceedings
					 pursuant to section
					 3-161-32 to
					 3-161-51.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-32 - Notice of hearing

Current through June, 2024
(a) Unless
				  otherwise specifically provided by statute or rule, all parties shall be given
				  written notice of the hearing at least fifteen days before the hearing. The
				  notice shall include:
(1) The date, time,
				  place, and nature of hearing;
(2)
				  The legal authority under which the hearing is to be held;
(3) The particular sections of the statutes
				  and rules involved; and
(4) A short
				  and concise statement of the issues involved and the facts giving rise to the
				  petition. Attachment of a copy of the petition to the hearing notice satisfies
				  this requirement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-33 - Response

Current through June, 2024
Before the hearing, each respondent may file and serve a
					 written response stating briefly therein facts, circumstances, laws, rules, or
					 reasons in defense and shall further specifically admit or deny the allegations
					 of the Petition upon:
(1) Each
				  petitioner or complainant,
(2) The
				  commission, and
(3) Hearings
				  officer, if applicable.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-34 - Disclosure

Current through June, 2024
(a) Any party, by timely written demand filed
				  with the commission or hearings officer, and served upon any other party, may
				  request of any other party to the proceeding, the full disclosure of:
(1) The identity of all witnesses to be
				  called by the party, including their addresses and phone numbers, if
				  known;
(2) The identity of all
				  persons, including their addresses and phone numbers, known by the party to
				  have material knowledge relevant to the proceeding; and
(3) All exhibits, including but not limited
				  to documents, photographs, and other tangible evidence to be introduced at the
				  hearing. The requesting party shall have the right to examine the exhibits and
				  make copies thereof.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-35 - Prehearing conference

Current through June, 2024
(a) The commission
				  or the hearings officer may schedule and conduct a prehearing conference. The
				  purpose of the prehearing conference shall be to facilitate the settlement of
				  the petition or complaint and clarify the issues. At the prehearing conference,
				  the commission or the hearings officer may require all parties to disclose to
				  the other parties the information which may be requested pursuant to section
				  3-161-34(a).
(b) The commission or hearings
				  officer may require each party to submit a statement disclosing and identifying
				  all witnesses to be called at the hearing, all exhibits to be used at the
				  hearing, and other matters as shall simplify the issues and facilitate the
				  orderly progress of the hearing. A copy of the statement shall be served upon
				  all other parties to the proceeding.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-36 - Testimony

Current through June, 2024
(a) A record shall be made of all oral
				  testimony taken at the hearing.
(b)
				  Testimony taken at the hearing may be electronically recorded and need not be
				  transcribed. Unless otherwise provided, the cost of the transcription of the
				  electronic recording of the testimony shall be paid by the requesting
				  party.
(c) Any party may request
				  that all of the testimony taken at the hearing be taken by a court reporter.
				  The request shall be made in writing, atleast ten days before the date of the
				  hearing and shall be within the sole discretion of the hearings officer or the
				  commission to grant or deny. The transcript of the proceeding shall constitute
				  the official record of the testimony taken at the hearing, and shall remain in
				  the possession of the hearings officer or the commission. The cost of the court
				  reporting services and transcript shall be paid for by the party requesting the
				  services of the court reporter. If another party desires a copy of the
				  transcript, the party requesting a copy shall pay the cost of a copy of that
				  transcript.
(d) Upon request, the
				  commission or hearings officer shall make the electronic recording of the
				  testimony available to the parties for use in preparing exceptions to or
				  statements in support of a proposed decision or recommended order.
(e) If judicial review is requested, the
				  commission or hearings officer shall cause a transcript of the hearing to be
				  prepared if requested as part of the record on appeal. The party seeking
				  judicial review shall pay for the cost of transcribing the electronic recording
				  of the proceeding. If another party desires a copy of the transcript for their
				  personal use, that party shall pay the cost of a copy of that
				  transcript.
(f) Unless the
				  commission has been notified in writing of a party's request for judicial
				  review within the time permitted for requesting the review, the commission or
				  hearings officer, after the time for requesting judicial review has passed, may
				  erase the electronically recorded testimony. Where by statute judicial review
				  is by trial de novo, a transcript need not be prepared unless expressly
				  requested and paid for by the requesting party.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-37 - Record

Current through June, 2024
(a) The record shall consist of the
				  following:
(1) All pleadings, motions,
				  intermediate, and final rulings;
(2) All evidence received or considered
				  including without limitation, oral testimony, exhibits, and matters officially
				  noted by the commission or hearings officer;
(3) All offers of proof and rulings
				  thereon;
(4) All proposed findings
				  and exceptions;
(5) The recommended
				  decision of the hearings officer who presided at the hearing, if the hearing
				  was held before a hearings officer;
(6) Any report of the hearings officer or of
				  the commission who conducted the hearing; and
(7) Staff memoranda submitted to the
				  commission in connection with consideration of the case, provided first, that
				  the memoranda have also been timely provided to parties to the proceeding, and
				  the parties have been permitted an opportunity at the hearing to rebut the
				  memoranda.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-38 - Dismissal of petitions

Current through June, 2024
(a) A petition for
				  hearing relief may be voluntarily dismissed by the petitioner without order of
				  the commission or hearings officer by:
(1)
				  Filing a notice of dismissal at any time before service of the petition on the
				  respondent or respondents; or
(2)
				  Filing a stipulation of dismissal signed by all parties who have been served
				  with the petition or appeared in the action. Unless otherwise stated in the
				  notice of dismissal or stipulation, the dismissal shall be without prejudice,
				  except that a notice of dismissal shall operate as an adjudication upon the
				  merits when filed by a petitioner who has once dismissed a petition for hearing
				  relief based on or including the same claim before the commission.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-39 - Hearings

Current through June, 2024
All hearings shall be conducted pursuant to chapter
					 91, Hawaii Revised Statutes, and this
					 chapter. All hearings shall be heard before the commission or a duly designated
					 hearings officer. All parties shall be afforded full opportunity to present
					 evidence and argument on all issues involved. The hearing shall be at the time
					 and place set forth in the notice of hearing, but that time and place may be
					 continued from day to day or adjourned to a later day or to a different place
					 without notice other than the announcement thereof at the hearing. The
					 commission or hearings officer, if there is no dispute as to the facts involved
					 in a particular matter, may permit the parties to proceed by memoranda of law
					 in lieu of a hearing unless the procedure would unduly burden any party or is
					 otherwise not conducive to the ends of justice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-40 - Procedure at hearing

Current through June, 2024
Unless otherwise stipulated by the parties, which
					 stipulation is approved by the commission or the hearings officer, all hearings
					 shall proceed as follows:
(1) The
				  parties shall have the opportunity to make opening statements before any
				  evidence is presented, unless they waive the opportunity. The opening statement
				  shall be heard in the following order:
(A)
				  Petitioner's opening statement; and
(B) Respondent's opening statement, unless
				  respondent chooses to reserve same until after presentation of petitioner's
				  evidence;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-41 - Motion to dismiss

Current through June, 2024
(a) After all
				  evidence has been presented by the petitioner in support of the petition, the
				  respondent may move the commission or the hearings officer for an order denying
				  or dismissing the petition or for similar affirmative relief.
(b) If the motion is denied or taken under
				  advisement, the respondent shall have the right to continue with the proceeding
				  as fully as if the motion had never been made.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-42 - Taking of further evidence

Current through June, 2024
At any time before the filing of the hearings officer's
					 recommended decision, or if the hearing has been held before the commission,
					 then before the commission's final decision, the hearings officer or the
					 commission, sua sponte or upon motion for good cause shown, may reopen a
					 hearing for the purpose of taking further evidence, and shall do so in writing
					 with a statement of reasons therefor. The commission, sua sponte, shall have
					 the discretion to remand a petition or proceeding to the hearings officer for
					 the purpose of taking further evidence. The reopening or remanding shall be at
					 the sole discretion of the hearings officer or the commission. Further evidence
					 may be taken either through oral hearing or by certification of questions to
					 the parties.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-43 - Proposed findings of fact and conclusions of law

Current through June, 2024
(a)
				  No party shall file written proposed findings of fact and conclusions of law
				  except where ordered in the discretion of the hearings officer or the
				  commission, whichever has conducted the hearing.
(b) Where ordered, written proposed findings
				  of fact and conclusions of law shall be filed within fifteen days after the
				  close of the hearing, and shall contain specific references to the record and
				  the legal authorities relied upon.
(c) When the hearing has been conducted by a
				  hearings officer, the parties shall not file, under any circumstances, proposed
				  findings of fact and conclusions of law with the commission.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-44 - The commission's decision

Current through June, 2024
When the hearing has been held before the commission, the
					 commission, as expeditiously as possible, after the close of the hearing, shall
					 issue a final decision and order together with separate findings of fact and
					 conclusions of law. All findings of fact, conclusions of law, and final
					 decisions and orders issued by the commission shall be based upon the whole
					 record and supported by reliable probative and substantial evidence, including
					 facts on which the commission properly took judicial notice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-45 - Recommended decision

Current through June, 2024
When the hearing has been held before a hearings officer,
					 the hearings officer, as expeditiously as possible, after the close of the
					 hearing, shall file with the commission a recommended decision together with
					 separate findings of fact, conclusions of law, and a recommended order. The
					 decision, findings of fact, conclusions of law, and any order recommended by
					 the hearings officer shall be based upon the whole record and supported by the
					 reliable probative and substantial evidence, including facts of which the
					 hearings officer properly took judicial notice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-46 - Service of recommended decision

Current through June, 2024
The hearings officer shall cause a copy of the recommended
					 decision, including therein findings of fact, conclusions of law, and any
					 recommended order, to be served upon each party by personal service or by
					 registered or certified mail, return receipt requested. Service of the
					 recommended decision shall be deemed complete upon its mailing to the party's
					 last known address.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-47 - Recommended decision, exceptions

Current through June, 2024
Any party adversely affected by the hearings officer's
					 recommended decision within fifteen days after the receipt of a copy of the
					 decision, may file with the hearings officer written exceptions to the whole or
					 any part of the recommended decision and request review by the commission. Each
					 written exception shall specify the portions of the record and authorities
					 relied upon to sustain each point. A copy of the written exceptions shall be
					 served by the party so excepting upon each party to the proceeding. Unless the
					 time has been extended, no written exceptions shall be filed or accepted for
					 filing after the time specified, except by leave of the commission for good
					 cause shown.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-48 - Statement in support of recommended decision

Current through June, 2024
Any party may file with the hearings officer and serve
					 upon all other parties a statement in support of the recommended decision
					 within fifteen days after receipt of a copy of the written
					 exceptions.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-49 - Transmittal to the commission

Current through June, 2024
The hearings officer shall transmit to the commission the
					 entire record together with the recommended decision, any timely filed
					 exceptions, and any timely filed statement in support.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-50 - Argument on written exceptions

Current through June, 2024
Whenever written exceptions have been timely filed and a
					 party has requested the opportunity to present oral argument, all parties to
					 the proceedings shall be afforded the opportunity to present oral argument to
					 the commission concerning the recommended decision. The commission shall
					 consider the whole record or portions of the record as may have been cited by
					 the parties either in support of or in opposition to the recommended decision.
					 All parties shall be served with notice of the time and place of argument at
					 least five days prior to the time for argument. Within a reasonable time after
					 argument has been heard, the commission shall issue a written final decision
					 and order, either adopting, modifying, or reversing, in whole or in part, the
					 hearings officer's recommended decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 2 - HEARING RELIEF › Section 3-161-51 - No written exceptions

Current through June, 2024
When no written exceptions have been filed, the
					 commission, within a reasonable time after the hearings officer's recommended
					 decision has been filed, shall issue a written final decision and order, either
					 adopting, modifying or reversing, in whole or in part, the hearings officer's
					 recommended decision. The commission shall state with specificity in the final
					 decision the reasons for any modification or reversal, in whole or in part, of
					 the hearings officer's recommended decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-60 - Contents of petition for declaratory relief

Current through June, 2024
The executive director or any interested person may
					 petition the commission for a declaratory ruling as to the applicability of any
					 statutory provision or of any rule or order adopted by the commission to a
					 factual situation. Each petition shall state concisely and with particularity
					 the facts giving rise to the petition, including the petitioner's interest,
					 reasons for filing the petition, and the names of any potential respondents,
					 the provision, rule, or order in question, the issues raised, and petitioner's
					 position or contentions with respect thereto.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-61 - Memorandum of law in support of petition

Current through June, 2024
The petition for declaratory relief shall be accompanied by
					 a memorandum of law in support of the relief requested.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-62 - Disposition of petition

Current through June, 2024
The commission, as expeditiously as possible after the
					 filing of a petition for declaratory relief, shall:
(1) Deny the petition where:
(A) The petition fails to conform
				  substantially with section
				  3-161-60 or is not supported by a
				  memorandum of law in support of the petition;
(B) The petition is frivolous;
(C) The matter is not within the jurisdiction
				  of the commission;
(D) The petition
				  is based on hypothetical or speculative facts of either liability or
				  damages;
(E) There is a genuine
				  controversy of material fact, the resolution of which is necessary before any
				  order or declaratory relief may issue; or
(F) There is any other reason justifying
				  denial of the petition;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-63 - Parties

Current through June, 2024
Unless a petition has been disposed of pursuant to section
					 3-161-62, in all petitions for
					 declaratory relief where the executive director of the commission is not the
					 petitioner, the executive director of the commission shall be made a party
					 respondent to the proceedings and shall be served
					 accordingly.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-64 - Memorandum in opposition

Current through June, 2024
Each respondent, within fifteen days after the receipt of
					 the petition, may file and serve upon all parties a memorandum in opposition
					 stating concisely and fully the respondent's position or contentions and
					 reasons, including legal authorities.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-65 - Intervention and intervenor's memorandum of law

Current through June, 2024
Except where a petition has been denied pursuant to
					 section 3-161-62 and subject to section
					 3-161-7, any interested person may
					 request intervention in a proceeding for declaratory relief. Any person
					 permitted to intervene in a proceeding for declaratory relief may file and
					 serve upon the petitioner, a memorandum of law which shall state concisely and
					 fully the intervenor's position or contentions and reasons, including legal
					 authorities.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-66 - Request for additional facts or supplemental memorandum

Current through June, 2024
The commission or the hearings officer at any time may
					 request of the petitioner or any party, a statement of additional facts or a
					 memorandum, the purpose of which is to clarify a specific factual issue,
					 position, contention, or issue.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-67 - Notice of argument

Current through June, 2024
All parties shall be given written notice of the hearing
					 of argument at least fifteen days before the day of the argument. The notice
					 shall include:
(1) The date, time,
				  place, and nature of the argument;
(2) The legal authority under which the
				  argument is to be heard;
(3)
				  Particular sections of the statutes and rules involved; and
(4) A short and concise statement of issues
				  involved, and the basic facts giving rise to the petition. Attachment of a copy
				  of the petition to the notice of argument satisfies this requirement.
The notice shall further apprise each party of their right
					 to retain legal counsel if so desired.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-68 - Argument

Current through June, 2024
Argument shall be heard either before the commission or a
					 hearings officer duly designated. All parties shall be afforded full
					 opportunity to present argument on all issues involved. The argument shall be
					 at the time and place set forth in the notice of argument but at that time and
					 place may be continued from day to day and adjourned to a later day or to a
					 different place without notice other than the announcement thereof at the
					 hearing.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-69 - Material issue of fact; public interest

Current through June, 2024
If at any time it appears that there exists a genuine
					 controversy of material fact the resolution of which is necessary before any
					 order of declaratory relief may issue, or that the petition raises issues of
					 public concern and interest that a proceeding for hearing or rule relief would
					 more fairly and effectively aid the commission in achieving the commission's
					 purposes and goals and protect that public concern or interest, the commission
					 or hearings officer may:
(1) Sua
				  sponte or on motion of any party dismiss the petition for declaratory relief
				  and allow the petition to be refiled as a petition for hearing or rule relief;
				  or
(2) Convert the proceeding to
				  one for hearing or rule relief and proceed thereafter as if the petition had
				  been brought originally for hearing or rule relief. If the proceeding is
				  converted to a proceeding for hearing or rule relief, the issues may be
				  restricted to those material facts in issue.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-70 - Proposed findings of fact and conclusions of law

Current through June, 2024
(a)
				  No party shall file written proposed findings of fact and conclusions of law
				  except where ordered in the discretion of the hearings officer or the
				  commission, whichever has conducted the hearing.
(b) Where ordered, written proposed findings
				  of fact and conclusions of law shall be filed within fifteen days after the
				  close of the hearing, and shall contain specific references to the record and
				  the legal authorities relied upon.
(c) When the argument has been held before a
				  hearings officer, the parties shall not, under any circumstances, file proposed
				  findings of fact and conclusions of law with the commission.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-71 - Commission's decision

Current through June, 2024
(a) When the
				  argument has been held before the commission, the commission, as expeditiously
				  as possible after the close of the argument or submission of all permitted or
				  requested memoranda, whichever is later, shall issue a final decision and
				  order.
(b) When the petition has
				  been contested, and the commission's decision and order is adverse to any
				  party, the commission shall also issue and serve upon each party to the
				  proceeding, together with the final decision and order, separate findings of
				  fact and conclusions of law.
(c)
				  All final decisions and orders and any findings of fact and conclusions of law
				  issued by the commission shall be based upon the whole record and supported by
				  reliable, probative, and substantial evidence, including those facts of which
				  the commission properly took judicial notice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-72 - Recommended decision

Current through June, 2024
(a) When the
				  argument has been held before a hearings officer, the hearings officer, as
				  expeditiously as possible after the close of the argument or submission of all
				  requested or permitted memoranda, whichever is later, shall file with the
				  commission the hearings officer's recommended decision and any recommended
				  order.
(b) When the petition has
				  been contested and the recommended decision and order is adverse to any party,
				  the hearings officer shall file with the recommended decision and order
				  separate findings of fact and conclusions of law.
(c) The decision, findings of fact,
				  conclusions of law, and any order recommended by the hearings officer shall be
				  based upon the whole record and supported by reliable, probative, and
				  substantial evidence, including those facts of which the hearings officer
				  properly took official notice.
(d)
				  The hearings officer shall serve a copy of the recommended decision and any
				  recommended order, together with any findings of fact and conclusions of law
				  upon each party by personal service or by registered or certified mail, return
				  receipt requested. Where notice of the argument has been served by publication
				  and the party so served has failed to appear at the argument, service of the
				  recommended decision is complete upon its mailing to the party at the party's
				  last known address.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 3 - DECLARATORY RELIEF › Section 3-161-73 - Commission's action on recommended decisions

Current through June, 2024
(a) Where
				  the petition has been contested, any party adversely affected by the hearings
				  officer's recommended decision within fifteen days after the receipt of a copy
				  of the decision, may file with the commission written exceptions to the whole
				  or any part of the recommended decision and request review by the commission.
				  Each written exception shall specify the portions of the record and authorities
				  relied upon to sustain each point. A copy of the written exceptions shall be
				  served by the party so excepting upon each party to the proceeding, and upon
				  the hearings officer. Unless the time has been extended, no written exceptions
				  shall be filed or accepted for filing after the time specified, except by leave
				  of the commission for good cause shown.
(b) Where the petition has been contested and
				  written exceptions filed, any party may file and serve upon all other parties
				  and the hearings officer a statement in support of the proposed decision within
				  fifteen days after receipt of a copy of the written exceptions.
(c) Whenever written exceptions have been
				  timely filed and a party has requested an opportunity to present oral argument,
				  all parties to the proceedings shall be afforded the opportunity to present
				  oral argument to the commission concerning the recommended decision. The
				  commission shall consider the whole record or portions of the record as may
				  have been cited by the parties either in support or in opposition to the
				  recommended decision. All parties shall be served with notice of the time and
				  place of argument at least five days prior to the day for argument. Within a
				  reasonable time after argument has been heard, the commission shall issue a
				  final decision and order, either affirming, modifying, or reversing, in whole
				  or in part, the hearings officer's recommended decision.
(d) Where the petition has not been
				  contested, or if no written exceptions have been filed, the commission, within
				  a reasonable time after the hearings officer's recommended decision has been
				  filed, shall issue a written final decision and order, either adopting,
				  modifying, or reversing, in whole or in part, the hearings officer's
				  recommended decision. The commission shall state with specificity in the final
				  decision the reasons for any modification or reversal, in whole or in part, of
				  the hearings officer's recommended decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 4 - PETITION FOR RULE RELIEF AND PROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 3-161-80 - Contents of petition for rule relief

Current through June, 2024
The executive director of the commission or any interested
					 person may petition the commission for the amendment, adoption, or repeal of a
					 rule. The petition for rule relief shall set forth the text of the rule to be
					 repealed, or the text of any proposed rule, the adoption of which is being
					 sought, or the text of any existing rule, the amendment of which is being
					 sought, together with the proposed amendment. The petition shall further state
					 concisely and with particularity the facts and circumstances giving rise to the
					 petition, including the petitioner's interest and reasons for filing the
					 petition, the necessity for the relief and the anticipated effect or impact of
					 the relief, the questions or issues raised and petitioner's position or
					 contentions with respect thereto.