reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-3 - Equal opportunity standards

Current through June,
			 2024
(a) Each sponsor
			 shall:
(1) Prohibit discriminatory practices,
			 in accordance with section 378-2, Hawaii Revised Statutes, in the recruitment,
			 selection, employment, and training of apprentices;
(2) Uniformly apply apprenticeship standards,
			 including, but not limited to, equality of wages, periodic advancement,
			 promotion, assignment of work, job performance, rotation among all work
			 processes of the trade, and imposition of penalties brother disciplinary
			 action; and
(3) Take affirmative
			 action to provide equal opportunity in apprenticeship, including adoption of an
			 affirmative action plan as required by this chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-5 - Goals and timetables

Current through June,
			 2024
(a) The following
			 shall apply in the establishment of goals and timetables:
(1) A sponsor adopting a selection method
			 under section 12-31-7 or 12-31-8, which determines on the basis of the analysis
			 described in subsection (b) that it has deficiencies in terms of
			 underutilization of minorities or women, or both, in the craft or crafts
			 represented by the 'program, shall include in its affirmative action plan
			 percentage goals and timetables for the admission of minority or female
			 applicants, or both, into the eligibility pool;
(2) A sponsor adopting a selection method
			 under section 12-31-9 or 12-31-10, which determines on the basis of the
			 analysis described in subsection (b) that it has deficiencies in terms of the
			 under utilization of minorities, or women, or both, in the craft or crafts
			 represented by the program, shall include in its affirmative action plan
			 percentage goals and timetables for the selection of the underutilized groups
			 of applicants for the apprenticeship program;
(3) "underutilization" as used in this
			 chapter refers to the situation where there are fewer minorities or women, or
			 both, in the particular craft or crafts represented by the program than would
			 reasonably be expected in view of an analysis of the specific factors in
			 subsection (b). Where, on the basis of the analysis, the sponsor determines
			 that it has no deficiencies, no goals and timetables need be established.
			 However, the affirmative action plan shall include a detailed explanation why
			 no goals and timetables have been established;
(4) Where the sponsor fails to submit goals
			 and timetables as part of its affirmative action plan and fails to provide an
			 explanation thereof, or submits goals and timetables which are unacceptable,
			 the department shall establish goals and timetables applicable to the sponsor
			 for the admission of minority or female applicants, or both, into the
			 eligibility pool or selection of apprentices, as appropriate. The sponsor shall
			 make good faith efforts to attain these goals and timetables in accordance with
			 the requirements of this section.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-6 - Selection of apprentices

Current through June,
			 2024
In addition to the development of a written affirmative action
				plan to ensure that minorities and women have an equal opportunity in
				apprenticeship, each sponsor shall further provide in its affirmative action
				program that the selection of apprentices shall be made under one of the
				methods specified in section 12-31-7, 12-31-8, 12-31-9, or
				12-31-10.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-8 - Random selection from pool of eligible applicants

Current
			 through June, 2024
(a) A
			 sponsor may select· apprentices from a pool of eligible applicants on a random
			 basis. The method of random selection is subject to approval by the department.
			 Supervision of the random selection process shall be by one or more impartial
			 persons selected by the sponsor, but not associated with the administration of
			 the apprenticeship program. The time and place of the selection, and the number
			 of apprentices to be selected' shall be announced. The place of the selection
			 shall be open to all applicants and the public. The names of apprentices drawn
			 by this method shall be posted immediately following the selection at the
			 program sponsor's place of business.
(b) The sponser adopting this method of
			 selecting apprentices shall meet the requirements of section 12-31-7(c) through
			 (e) relating to the creation of a pool of eligibles, oral interviews, and
			 notification of applicants.
(c) The
			 sponsor shall establish, where required by section 12-31-5, percentage goals
			 and timetables for the admission of minorities and women into the pool of
			 eligibles in accordance with the provisions of that section.
(d) Determinations as to the sponsor. s
			 compliance with its obligations under this chapter shall be in accordance with
			 the provisions of section, 12-31-7(g).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-9 - Selection from pool of current employees

Current through June,
			 2024
(a) A sponsor may
			 select apprentices from an eligibility pool of the workers already employed by
			 the program sponsor in a manner prescribed by a collective bargaining agreement
			 where one exists, or by the sponsor's estaplished promotion policy. The sponsor
			 adopting this method of selecting apprentices shall establish goals and
			 timetables for the selection of minority and female apprentices, unless the
			 sponsor concludes, in accordance with the provisions of section
			 12-31-5, that it does not have
			 deficiencies in terms of underutilization of minorities or women, or both, in
			 the apprenticeship of journeyworker crafts represented by the
			 program.
(b) Determination as to
			 the sponsor's compliance with obligations under this chapter shall be in
			 accordance with the visions of section
			 12-31-7(g).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-10 - Alternative selection methods

Current through June,
			 2024
(a) A sponsor may
			 select apprentices by means of any other method, including its present
			 selection method, provided that the sponsor meets the following requirements:
(1) The sponsor shall complete development of
			 the revised selection method it proposes to use along with the rest of its
			 written affirmative action program including, where required by section
			 12-31-5:
(A) Its percentage goals and
			 timetables for the selection of minority or female applicants, or both, for
			 apprenticeship; and
(B) Its written
			 'analysis, upon which such goals and timetables, or lack ther of, are
			 based.
(C) The establishment of
			 goals and timetables shall be in accordance with the provisions of section
			 12-31-5. The sponsor shall not implement any such selection method until the
			 department has approved the selection method as meeting the requirements of
			 this chapter and has approved the remainder of its affirmative action program
			 including its goals and timetables. If the department fails to act upon the
			 selection method and the affirmative action program within thirty days of its
			 submission, the sponsor then may implement the selection
			 method.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-11 - List of eligibles and public notice

Current through June,
			 2024
(a) The sponsor
			 shall establish a reasontbl@e pe@riod of not less than two weeks for accepting
			 applications for admission-to ·an apprenticeship program. There shall be at
			 least thirty days of public notice in advance of the earliest date for
			 application for admission to the apprenticeship program (see section
			 12-31-4(c) on affirmative action
			 with respect to disseminaton of information).
(b) Applicants who have been placed in a pool
			 of eligibles shall be retained on lists of eligibles subject to selection for a
			 period of two years. Applicants may be removed from the list at an earlier date
			 at their request or following their failure to respond to an apprentice job
			 opportunity given by certified mail, return receipt requested.
(c) Applicants who have been accepted in the
			 program shall be afforded a reasonable period of time in light of the customs
			 and' practices of the industry to report for work. All applicants shall be
			 treated equally in determining such period of time. It shall be the
			 reponsibility of the applicant to keep the sponsor informed of the applicant's
			 current mailing address. Upon request, a sponsor may restore to the list of
			 eligibles applicants who have been removed from the list or who have failed to
			 respond to an apprentice job opportunity.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-12 - Complaint procedure

Current through June,
			 2024
(a) Any complaint
			 concerning discrimination or other equal opportunity matters shall be
			 submitted, processed, and resolved in accordance with state or federal equal
			 employment opportunity laws.
(b)
			 Sponsors shall provide written notice of the above complaint procedure to all
			 applicants for apprenticeship and all apprentices.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-13 - Records

Current through June, 2024
(a) The records pertaining to individual
			 applicants, selected or rejected, shall be maintained in such manner as to
			 permit identification of minority and female participants. Each sponsor shall
			 keep adequate records for a period of five years, including:
(1) A summary of the qualifications of each
			 applicant;
(2) Basis for evaluation
			 and for selection or rejection of each applicant;
(3) Records pertaining to interviews of
			 applicants;
(4) The original
			 application for each applicant;
(5)
			 Information relative to the operation of the apprenticeship program, including
			 but not limited to job assignment, promotion, demotion, layoff, cancellation,
			 rates-of pay or other forms of compensation, hours of work, and, separately,
			 hours of training provided; and
(6)
			 Any other records pertinent to a determination of compliance with this chapter,
			 as may be required by the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-14 - Compliance reviews

Current through June,
			 2024
(a) The department
			 shall regularly conduct a systematic review of apprenticeship programs in order
			 to determine the extent to which sponsors are complying with this chapter and
			 shall also conduct compliance reviews, when circumstances so warrant, and take
			 appropriate action regarding programs which are not in compliance with the
			 requirements of this chapter. Compliance reviews shall consist of comprehensive
			 analyses and evaluations of each aspect of the apprenticeship program,
			 including on-site investigations and audits.
(b) Sponsors seeking new registrations or
			 reregistrations shall be subject to a compliance review by the department, as
			 described in subsection (a), as part of the registration process.
(c) Where the compliance review indicates
			 that the sponsor is not operating in accordance with this chapter, the
			 department shall notify the sponsor in writing of the results of the review and
			 make a reasonable effort to secure voluntary compliance on the part of the
			 program sponsor within a reasonable time before undertaking sanctions under
			 section 12-31-17. In the case of
			 sponsors seeking new registration, the department shall provide appropriate
			 recommendations to the sponsor to enable it to ach@tte, comdliance for
			 registration purposes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-15 - Noncompliance with federal and state equal opportunity requirements

Current through June, 2024
A pattern or practice at noncompliance by a sponsor (or where
				the sponsor is a joint apprenticeship committee, by one of the parties
				represented on such committee) with federal or state laws or rules requiring
				equal opportunity may be grounds for the imposition of sanctions in accordance
				with section 12-31-17 if such noncompliance
				is related to the equal employment opportunity of current or farmer
				apprentices, or both, of such an apprenticeship program under this chapter. The
				sponsor shall take affirmative steps to assist and cooperate with employers and
				unions in fullfilling their eq UA employment opportunity
				obligations.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-16 - Adjustments in schedule for compliance review or complaint processing

Current through June, 2024
If in the judgement of the department a particular situation
				requires special processing and determination, the department shall take the
				steps necessary to permit such determination if it finds that no person or
				party affected by the determination will be prejudiced by the special
				processing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-17 - Sanctions

Current through June, 2024
(a) Where, as a result of a compliance review
			 or other reason, the department determines that:
(1) There is reasonable cause to believe that
			 an apprenticeship program is not operating in accordance with this chapter;
			 and
(2) Voluntary corrective action
			 has not been taken by the program sponsor; the department shall institute
			 proceedings to deregister the program or it shall refer the matter for
			 investigation to the Equal Employment Opportunity Commission or to the
			 enforcement division of the department under chapter 378, Hawaii Revised
			 Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-18 - Reinstatement of program registration

Current through June,
			 2024
Any apprenticeship program deregistered pursuant to this
				chapter may be reinstated upon presentation of adequate evidence to the
				director that the apprenticeship program is operating in accordance with this
				chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-19 - Retaliatory acts or intimidation

Current through June,
			 2024
Any intimidation, threat, coercion, or retaliation by, or with
				the approval of, any sponsor against any person for the purpose of interfering
				with any right or privilege of that person secured by chapter 378, Hawaii
				Revised Statutes; or Title VII of the Civil Rights Act of 1964, as amended; or
				Executive Order 11246, as amended; or because a person has made a complaint,
				testified, assisted, or participated in any manner in any investigation
				proceeding or hearing under this chapter shall be considered noncompliance with
				the equal opportunity standards of this chapter. The identity of complainants
				shall be kept confidential except to the-extent necessary to carry out the
				purposes of this chapter, including the conduct of any investigation, hearing
				or judicial proceeding arising there from.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-20 - Nondiscrimination

Current through June, 2024
The commitments contained in the sponsors affirmative action
				program are not intended and shall not be used to discriminate against any
				qualified applicant or apprentice on the basis of race, color, religion,
				national origin, sex, age, physical handicap, marital status, or arrest and
				court record
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-21 - Exemptions

Current through June, 2024
Requests for exemption from this chapter, or any part thereof,
				shall be made in writing to the director and shall contain a statement of
				reasons supporting the request. Exemptions may be granted for good cause. The
				department shall notify the USDOL of any such exemptions granted affecting a
				substantial number of employers and the reasons therefor.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-1 - Scope

Current through June, 2024
As used in these administrative rules, "the board" refers to
				  the Hawaii labor relations board created by section
				  89-5, HRS. This chapter governs
				  procedures before the board under chapters
				  89,
				  377, and
				  396, HRS, and other statutes as may
				  be administered by the board. The board may also issue protocols to govern
				  matters such as attire, order of presentation, seating, and decorum before the
				  board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-2 - Subchapters

Current through June, 2024
(a) Each subchapter sets forth special rules
				applicable to the type of proceeding described in the caption of the
				subchapter.
(b) This subchapter
				sets forth general rules applicable to all proceedings conducted by the board,
				and shall be read in conjunction with the subchapter governing the particular
				proceeding.
(c) In any conflict
				between a general rule in this subchapter and a special rule in another
				subchapter, the special rule shall govern.
(d) All applicable definitions for chapters
				89, 377, and 396, HRS, are incorporated herein.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-3 - The board

Current through June, 2024
(a) The office of the board is at 830
				Punchbowl Street, Room 434, Honolulu, Hawaii, 96813, or such other address
				where the board is located. Unless otherwise specifically directed, all written
				communications to the board shall be sent to this address.
(b) The office of the board shall be open
				from 7:45 a.m. to 4:30 p.m. of each day that is not a Saturday, Sunday, or
				state holiday, unless otherwise provided by statute, rule, executive order, or
				order of the board.
(c) Sessions of
				the board shall be held as follows:
(1) The
				board may meet and exercise its powers in any part of the State;
(2) All rulemaking meetings of the board and
				other meetings of the board subject to chapter
				92, HRS, shall be open to the
				public;
(3) The board may meet in
				executive session, from which the public may be excluded, as provided in
				chapter 92, HRS;
				and
(4) For internal management of
				the board, investigations or studies conducted by the board, and adjudicatory
				proceedings subject to chapters
				89,
				91, HRS, and other applicable laws,
				the board may deliberate in private, and any order, ruling, deliberation, or
				decision by the board in such proceeding may be made in private, as provided in
				chapter 92,
				HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-4 - Government records

Current through June,
				2024
(a) The term
				"government record," as used in this chapter, shall be as defined in section
				92F-3, HRS.
(b) All of the board's government records
				shall be available for inspection in the office of the board during established
				office hours, in accordance with and subject to the limitations and exceptions
				set forth in chapter 92F,
				HRS.
(c) Government records printed
				or reproduced by the board shall be made available to any person requesting the
				same and upon making such arrangements as may be acceptable to the board for
				paying the required costs thereof, all in accordance with chapter
				92F, HRS, and any applicable circuit
				court and administrative rules.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-5 - Filing and service of documents

Current through June,
				2024
(a) All documents
				submitted to be filed with the board for a case are subject to the following
				requirements.
(b) General
				provisions applicable to all parties.
(1) Form
				of documents.
(A) All documents filed with the
				board shall be legible when printed on letter-size or A4 paper measuring eight
				and one-half inches by eleven inches in size, with twenty-pound weight or
				higher, written in ink or typewritten, one and one-half spaced between the
				lines, in twelve-point type or equivalent type size using Times New Roman or
				Courier or equivalent font, except that any document or exhibit on paper larger
				than letter-size shall be resized to fit on a letter-size paper. Any document
				or exhibit that cannot be resized or any video or audio recording shall be
				filed pursuant to the board's directions.
(B) The first page of every pleading shall
				set forth the name, current mailing address, email address, and telephone
				number of the party or party's representative who may be served with any
				document filed in the proceeding, the title of the pleading, the case number,
				and the name of the proceeding. All declarations shall conform to this
				section.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-6 - Retention of documents

Current through June,
				2024
(a) All documents
				filed with or submitted to and accepted by the board shall be retained in the
				files of the board in such form or format as allowed in section
				92-29, HRS, which copy, whether
				a photograph, microphotograph, reproduction on film or electronic copy, shall
				be an original record pursuant to section
				92-30, HRS. The board's
				documents may be destroyed as provided in section
				92-31, HRS.
(b) The board may permit the withdrawal of
				original documents upon submission of properly authenticated copies to replace
				the original documents.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-7 - Confidential information

Current through June,
				2024
(a) Notwithstanding
				any other rule to the contrary, a party shall not include:
(1) confidential information, including the
				information enumerated in section
				92F-14, HRS, in which an
				individual may have a significant privacy interest; and
(2) any personal information, as defined in
				section 487N-1, HRS, in any document
				submitted to, or filed with, the board.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-8 - Time

Current through June, 2024
In computing any period of time prescribed or allowed by
				  these rules or by order of the board, or by any applicable statute, the day of
				  the act, event, or default after which the designated period of time begins to
				  run shall not be included. The last day of the period so computed shall be
				  included unless it is a Saturday, Sunday, or state holiday, in which event the
				  period runs until the end of the next day which is not a Saturday, Sunday, or
				  state holiday. When the period of time prescribed or allowed is less than seven
				  days, intermediate Saturdays, Sundays, and state holidays shall be excluded in
				  the computation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-9 - Extensions

Current through June, 2024
Unless otherwise provided by statute or law, the board may
				  upon its own initiative, or upon motion by a party showing good cause, extend
				  the time within which any action shall be taken at the request of any party. A
				  party requesting an extension of time shall file a motion with an accompanying
				  declaration stating the reasons for the request.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 12-43-10 - List of mediators and arbitrators

Current through June,
				2024
(a) The board shall
				maintain lists of qualified persons, broadly representative of the public, to
				serve as mediators or arbitrators, as required by chapter
				89, HRS.
(b) The public employers and employee
				organizations may submit in writing the names of proposed mediators and
				arbitrators to the board.
(c) The
				board may, by written order, establish reasonable hourly and daily rates of
				mediators and arbitrators.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-16 - Scope

Current through June, 2024
This subchapter governs the general practice and procedure
				  relating to contested case proceedings before the board, pursuant to chapters
				  89, 91, 377, and 396, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-17 - Appearance and practice before the board

Current through June,
				2024
(a) An employee,
				public employee, or other individual who is a party to a proceeding may appear
				on the person's own behalf; an employee organization may be represented by a
				person or persons duly designated and authorized by the employee organization;
				and an employer or public employer may appear on its own behalf or through a
				person or persons duly designated and authorized by such employer.
(b) When a person acting in a representative
				capacity appears in a proceeding or signs a document submitted to the board,
				that appearance or signature shall constitute a representation to the board
				that such individual is lawfully authorized to act as a representative. The
				board may at any time require any person transacting business before the board
				in a representative capacity to furnish proof of authorization to act in that
				capacity.
(c) In any proceeding
				under chapters 89,
				377, or 396, HRS, any employee,
				public employee, employee organization, employer, public employer, or any other
				party to a proceeding may be represented by legal counsel at that party or
				individual's own expense.
(1) Substitution of
				legal counsel shall be effective upon filing of notice of the substitution by
				the party represented. Withdrawal of legal counsel in the absence of a
				concurrent substitution shall be effective only upon the approval of the board
				and is subject to the guidelines of the Hawaii Rules of Professional Conduct.
				No party shall substitute or withdraw legal counsel for the purpose of delaying
				a proceeding. Substitution or withdrawal of counsel less than thirty days
				before a hearing shall not be considered sufficient reason to continue the
				hearing, unless good cause is shown.
(2) At the discretion of the board, an
				attorney who is not authorized to practice law in the state and who associates
				with a member in good standing of the Hawaii state bar may appear in a
				representative capacity.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-18 - Contemptuous conduct

Current through June,
				2024
(a) Contemptuous
				conduct during any hearing or proceeding shall be grounds for summary exclusion
				from the hearing or proceeding.
(b)
				Contemptuous conduct, if of an aggravating character and engaged in by an
				attorney or other representative of a party, shall be grounds for suspension or
				exclusion from further practice before the board after due notice and
				opportunity for hearing.
(c) The
				refusal of a witness at any proceeding or hearing to answer any question which
				has been ruled to be proper may, in the discretion of the board, be grounds for
				disregarding all testimony previously given by such witness on related
				matters.
(d) Any person who
				wilfully assaults, resists, prevents, impedes, or interferes with any member of
				the board, or any of the board's agents or employees, in performance of duties
				under chapter 89 or
				377, and
				396, HRS, shall be fined not more
				than $500 or imprisoned not more than one year, or both.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-19 - Intervention

Current through June, 2024
(a) A petition to intervene in a proceeding
				and become a party thereto shall be filed with the board within ten days after
				notice of the proceeding in which intervention is sought, or as otherwise
				directed by the board.
(b) The
				petition shall contain the following:
(1)
				Nature and extent of the petitioner's rights or interest;
(2) Effect of any decision in the proceeding
				on the petitioner's rights or interest;
(3) Extent to which the petitioner's interest
				may be represented by existing parties;
(4) Extent to which the petitioner's
				participation will broaden the issue or delay the proceeding; and
(5) Any other relevant facts.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-20 - Consolidation

Current through June, 2024
The board, upon motion or its own initiative, may consolidate
				  for hearing or other purposes, or may contemporaneously consider, two or more
				  proceedings which involve substantially the same parties or issues or arise out
				  of the same general transaction, if it finds that the consolidation or
				  contemporaneous consideration 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 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-22 - Amendment of documents

Current through June,
				2024
(a) A pleading or
				document filed in a proceeding may be amended, at the discretion of the board,
				at any time before the board's disposition of that pleading or
				document.
(b) If a document is not
				in substantial conformity with the applicable rules of the board as to the
				format or contents thereof, or is otherwise insufficient, the board, on its own
				initiative or upon motion of a party, may strike or dismiss the document, or
				require its amendment.
(c) A party
				moving to amend a document shall file a motion for leave to amend, together
				with the proposed amended document, and a declaration stating why the amendment
				should be granted.
(d) If amended,
				the document shall be effective as of the date of the original filing, if it
				relates in all material respects to the original document.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-23 - Discovery, depositions, and interrogatories

Current through June,
				2024
(a) In proceedings
				pursuant to chapter 396, HRS, the
				nature and extent of discovery will be controlled by the Hawaii Rules of Civil
				Procedure applicable to that form of discovery and may commence upon the filing
				of the notice of contest.
(b) In
				proceedings other than appeals pursuant to chapter
				396, HRS, upon written application
				and for good cause shown, the board may permit the parties to take depositions
				upon oral examination or written interrogatories in the manner prescribed under
				the Hawaii Rules of Civil Procedure.
(c) In proceedings involving prohibited
				practice complaints and unfair labor practice complaints, discovery is
				disfavored. If discovery is requested by a party and allowed by the board, it
				shall extend the requirement of section
				377-9(b), HRS,
				that a hearing on a complaint shall be fixed not more than forty days after the
				filing of the complaint or amendment thereof.
(d) Witness fees and mileage shall be paid by
				the party naming and calling the witness and shall be the same as fees paid to
				witnesses in circuit court.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-24 - Prehearing, pretrial, and status conferences

Current through June,
				2024
(a) The board may
				order that a prehearing or status conference be conducted and attended by all
				parties to the proceeding, either in person or by remote access, as determined
				by the board.
(1) The purpose of a prehearing
				or status conference is to discuss the case, in whole or in part, including but
				not limited to clarifying or limiting the issues and scheduling of proceedings
				and deadlines.
(2) The purpose of a
				pretrial conference is to identify, exchange, and to the extent possible, reach
				agreement or resolve issues regarding the admissibility of witness testimony,
				exhibits, facts, matters, or procedures to facilitate and expedite the hearing
				or adjudication of the issues presented; and address other prehearing,
				scheduling, or administrative matters.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-25 - Mediation in chapter 91, HRS, contested cases

Current through June,
				2024
(a) To the extent
				provided by law, the board may encourage parties to a contested case hearing
				under chapter 91, HRS, to
				participate in mediation before the hearing. The board may suspend all further
				proceedings in the contested case pending the outcome of the
				mediation.
(b) No mediation period
				shall exceed thirty days from the date the case is referred to mediation,
				unless otherwise extended by the board.
(c) The parties may jointly select a person
				to conduct the mediation. If the parties are unable to jointly select a
				mediator within ten days of the referral to mediation, the board shall select
				the mediator. All costs of the mediation shall be borne equally by the parties
				unless otherwise agreed, ordered by the board, or provided by law.
(d) No mediation statements or settlement
				offers tendered shall be admitted into any subsequent proceedings involving the
				case, including the contested case hearing or a court proceeding.
(e) No preparatory meetings, briefings, or
				mediation sessions under this section shall constitute a meeting under section
				92-2, HRS. Any mediator notes
				under this section shall be exempt from section
				92-21, HRS and chapter
				92F, HRS. Section
				91-10, HRS, shall not apply to
				these mediation proceedings.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-26 - Agreed statement of facts

Current through June,
				2024
In any proceeding, the parties may agree to a statement of
				  facts to be introduced into the record with respect to any issue. The board may
				  accept an agreed statement of facts without a hearing on the merits. The
				  parties to an agreed statement of facts may stipulate to waive the holding of a
				  hearing on the merits.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-27 - Hearings, in general

Current through June,
				2024
(a) All hearings
				shall be conducted by the board or a duly appointed hearings officer.
(b) Hearings shall be open to the public,
				except for hearings under chapter
				396, HRS, unless otherwise provided
				by this chapter, or order, for good cause, by the board. Unless otherwise
				provided by law, any hearing may be conducted by remote access, as determined
				by and at the discretion of the board.
(c) Unless otherwise provided by law, the
				board, in conducting a hearing, shall have the powers, without limitation, to:
(1) Hold hearings and issue
				notices;
(2) Administer oaths and
				affirmations;
(3) Consolidate
				hearings or several proceedings, provided that those actions shall be conducive
				to effectuating the ends of justice and shall not unduly delay the proceedings
				or hinder, harass, or prejudice any party;
(4) Subpoena and examine witnesses;
(5) Issue subpoenas;
(6) Rule upon offers of proof, to receive
				relevant evidence, and to exclude evidence which is irrelevant, immaterial,
				privileged, or unduly repetitious, and accordingly may restrict lines of
				questioning or testimony;
(7)
				Regulate the scheduling, course, manner, and conduct of the hearing, and the
				continuance of any proceeding or hearing;
(8) Regulate the manner of any examination so
				as to prevent needless and unreasonable harassment, intimidation, or
				embarrassment of any witness or party at the hearing;
(9) Regulate the amount of time for
				presentation of opening statements, closing statements, and oral
				arguments;
(10) Remove and hold in
				contempt disruptive individuals including any party, legal counsel,
				representative, witness, or observer;
(11) Hold conferences before or during the
				hearing, for the settlement or simplification of issues;
(12) Rule on motions and dispose of
				procedural matters;
(13) Issue oral
				and minute rulings and orders to dispose of procedural or substantive matters,
				the basis for which will be incorporated or addressed in a final decision or
				order;
(14) Examine, after notice
				to all parties, any site or tangible evidence relevant to the case;
				and
(15) Dispose of any other
				matter that normally and properly arises during the proceedings and to take any
				action authorized by this chapter, chapters
				89,
				377, or
				396, HRS, or any other related
				laws.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-28 - Notice of hearing

Current through June,
				2024
Unless otherwise provided by statute or these rules, all
				  parties shall be given written notice of the hearing on the merits
				  electronically or by first class mail at least fifteen days before the
				  hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-29 - Hearing procedure

Current through June,
				2024
Unless otherwise ordered by the board, or stipulated to by
				  the parties with the board's approval, 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 that opportunity. The board may limit the time for, and control the
				order of, opening statements;
(2)
				The board may decide the order of presentation by the parties. However, the
				order of presentation will not determine the burden of proof;
(3) After presentation of evidence in support
				of their respective cases, the party with the burden of proof shall have the
				opportunity to introduce rebuttal evidence;
(4) Each witness shall be examined first by
				the party calling the witness, before cross-examination by the opposing party
				or parties;
(5) The board may also
				question any party or witness appearing before it in any matter, or a party's
				attorney or other representative appearing before the board, with respect to
				the matter;
(6) After all evidence,
				including rebuttal evidence, has been presented, the parties shall have the
				opportunity to make final oral argument or submit a post-hearing brief;
				and
(7) The hearing shall be closed
				for the purposes of taking evidence after completion of all final oral
				arguments, if any, or when the parties have rested their case, whichever occurs
				later.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-30 - Subpoenas

Current through June, 2024
(a) The board may issue subpoenas or
				subpoenas duces tecum to require the attendance of witnesses in the State and
				the production of books and papers before or at a hearing held under the
				provisions of this chapter.
(b) Any
				party may file an application for subpoena with the board before the hearing.
				The subpoena must be served on the witness at least seven business days before
				the hearing or attendance or production date.
(c) A motion to revoke or quash a subpoena
				may be filed with the board no later than three business days from the date of
				service of the subpoena; and
(d)
				The board may revoke, quash, or otherwise limit a subpoena on the ground that
				the subpoena does not reasonably relate to any matter under investigation,
				inquiry, or hearing; that the subpoena does not describe with sufficient
				particularity the evidence sought or that the evidence sought from the witness
				is privileged under the law; that the subpoena is harassing; or for other good
				cause shown.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-31 - Witnesses

Current through June, 2024
(a) All witnesses shall appear in person or
				by remote access, as determined by and at the discretion of the board, and
				shall be examined under oath or affirmation. All witnesses subpoenaed by a
				party shall be paid by that party the same witness and mileage fees as
				witnesses in the civil courts of the State. Travel costs for subpoenaed
				witnesses shall be paid by the party requesting the witness's
				appearance.
(b) No person served
				with a subpoena issued by the board shall refuse or neglect to appear, to
				testify, or to produce books and papers relevant to such investigation,
				inquiry, or hearing as commanded in such subpoena with the board.
(c) A failure to comply with, or neglect of,
				a subpoena issued by the board may be certified by the board to a court of
				competent jurisdiction for an order of compliance. Any person who fails or
				neglects to appear or to testify or to produce books, papers, or records as
				required, may, upon application to a court of competent jurisdiction, be
				ordered to appear before the board to testify or produce evidence if so
				ordered, and the failure to obey the order may be punished as contempt of
				court. In the discretion of the board, failure to comply with a subpoena issued
				by the board may be grounds for striking all testimony or other evidence
				previously given by the witness on related matters.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-32 - Evidence

Current through June, 2024
(a) In any proceeding before the board, the
				board shall not be bound by the technical rules of evidence, and all relevant
				oral or documentary evidence shall be admitted.
(b) All irrelevant, immaterial, or unduly
				repetitious evidence shall be excluded.
(c) The board shall give effect to the rules
				of privilege recognized by law.
(d)
				Documentary evidence shall be submitted in the format as specifically ordered
				by the board. The board may require any document that can be reduced to
				electronic format be reduced. A hard copy of the documentary evidence shall be
				provided to the board at any hearing.
(e) The board may take notice of judicially
				recognizable facts. In addition, the board may take notice of generally
				recognized technical or scientific facts, and the parties shall be afforded an
				opportunity to contest such facts so noticed.
(f) The board may take notice of any
				proceeding in its records, pertinent collective bargaining agreements, case law
				and other judicial and administrative proceedings, and the legislative history
				of statutes.