reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-24 - Hearings officer; duties and powers

Current through June, 2024
(a) The director or
				  attached entity may act as the hearings officer and personally conduct the
				  hearing of a contested case or may appoint a representative to be the hearings
				  officer. The hearings officer shall conduct the hearing and any related
				  pre-hearing and post-hearing activities as may be required or appropriate.
The director or attached entity shall be the final
					 decision maker unless the director or attached entity delegates that
					 responsibility.
(b) In any
				  contested case, the hearings officer may:
(1)
				  Give notice of a prehearing conference or the hearing and any continuation of a
				  conference or the hearing;
(2)
				  Require that a complaint be answered or be made more definite;
(3) Impose time limits on any phase or aspect
				  of the proceedings;
(4) Issue
				  subpoenas for people, documents, and things as authorized by law;
(5) For good cause shown, upon motion or the
				  hearings officer's own initiative, order a party to produce non-privileged
				  evidence, and may draw inferences against the party if the evidence is not
				  produced without good cause being shown;
(6) Administer oaths;
(7) Examine witnesses and inspect
				  sites;
(8) Certify official
				  documents and acts;
(9) Rule on
				  motions, requests, and offers of proof;
(10) Admit, receive, and exclude
				  evidence;
(11) Regulate the course
				  and conduct of the hearing and related proceedings, including:
(i) Allowing or directing the use of
				  telephone or videoconference meetings, hearings, and testimony;
(ii) Regulating the manner of any examination
				  of a witness to prevent harassment or intimidation and ordering the removal of
				  disruptive individuals;
(iii)
				  Specifying the time, place, and method of filing documents;
(12) Enter such orders and rulings
				  against any party who fails to comply with these rules or any other order of
				  the hearings officer, including without limit orders under section
				  11-1-36(c);
				  and
(13) Perform such other
				  functions and duties, and issue such orders necessary for the proper conduct of
				  the hearing and the resolution of the case.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-25 - Disqualification

Current through June, 2024
(a) A hearings officer, director, or member
				  of an attached entity is disqualified from hearing or deciding a contested case
				  if the hearings officer, director, or member of the attached entity:
(1) Has a substantial financial interest as
				  defined by section
				  84-3, Hawaii Revised
				  Statutes, in a business or other undertaking that will be directly affected by
				  the decision of the contested case;
(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 contested case
				  proceedings or has participated in the development of the evidence to be
				  introduced in the hearing; or
(4)
				  Has substantially participated in making the decision or action contested;
				  or
(5) Has a personal bias or
				  prejudice concerning a party or matter that will prevent a fair and impartial
				  decision involving that party or matter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-26 - Substitute hearings officers

Current through June, 2024
If a hearings officer is absent from a scheduled hearing,
					 is incapacitated from performance of duty, or for other good cause, the
					 director or attached entity may appoint another representative to serve as a
					 substitute hearings officer without abatement of the
					 proceedings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-27 - Ex parte communications with hearings officer and final decision maker

Current through June, 2024
(a) No person shall have ex parte
				  communications with the hearings officer or final decision maker regarding any
				  substantive or disputed factual or legal matter to be heard or decided with the
				  intent, or the appearance of the intent, to influence the decision of the
				  hearings officer or final decision maker, unless all of the parties to the
				  proceedings are given notice of communication and an opportunity to also
				  communicate with the hearings officer or final decision maker.
(b) If a communication is made privately with
				  the hearings officer or final decision maker in violation of subsection (a),
				  the hearings officer or final decision maker shall disclose the communication
				  to all parties on the record and afford all parties an opportunity to respond
				  to, refute, or otherwise comment on the ex parte communication.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-29 - Amendment of documents and dismissal

Current through June, 2024
(a) If any document
				  initiating, or filed in, a contested case is not in substantial conformity with
				  the applicable rules of the department as to the contents of the document, or
				  is otherwise insufficient, the department, on its own motion or on motion of
				  any party, may reject or dismiss the document or require its
				  amendment.
(b) If amended under
				  subsection (a) or otherwise, a document shall be effective as of the date of
				  the original filing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-30 - Retention of documents by the department

Current through June, 2024
(a) All documents
				  filed with or presented to the department may be retained in the files of the
				  department. Documents, which are part of a contested case record, shall be
				  retained at least until the time for any appeal has expired. However, the
				  department or a hearings officer may permit the withdrawal of original
				  documents upon submission of properly authenticated copies as
				  replacements.
(b) The hearings
				  officer or department shall maintain a durable paper record of any facsimile or
				  electronic communication, which is part of the contested case record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-31 - Public access; documents and hearings

Current through June, 2024
(a) Documents filed
				  with the department in a contested case shall be available for public
				  inspection under section
				  11-1-5.
(b) Hearings shall be open to the public
				  unless otherwise provided by law. Prehearing and post hearing conferences shall
				  be closed to the public. Hearings may be closed to the public for the time
				  necessary to address information and documents that are confidential pursuant
				  to law.
(c) Confidential treatment
				  may be requested where authorized by statute or rule. For good cause shown, the
				  hearings officer may grant such a request.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-33 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the hearings officer
					 may order substitution of parties, except that when an individual party dies or
					 a government officer is replaced, substitution may be ordered without the
					 filing of a motion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-34 - Consolidation and severance

Current through June, 2024
(a) The hearings
				  officer, upon the officer's own initiative or upon motion, may consolidate for
				  hearing or for other purposes or may contemporaneously consider two or more
				  proceedings that involve substantially the same parties, or issues that are the
				  same or closely related, if the hearings officer finds that the consolidation
				  or contemporaneous hearing will be conducive to the proper dispatch of the
				  business of the department and to the ends of justice and will not unduly delay
				  or harm the proceedings.
(b) The
				  hearings officer, upon the officer's own initiative or upon motion, for good
				  cause, may order any proceedings severed with respect to any or all parties or
				  issues.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-35 - Intervention

Current through June, 2024
(a) Any person or agency not a party to the
				  contested case hearing may seek to become a party by filing a motion for leave
				  to intervene. The motion shall state the grounds upon which the person or
				  agency claims to have an interest in the proceeding. The person or agency shall
				  file the motion at least ten days before the hearing and shall serve the motion
				  upon the hearings officer and all parties or their attorneys. Motions for
				  intervention will be granted to persons or agencies properly seeking and
				  entitled as of right to be admitted as a party; otherwise, at the discretion of
				  the hearings officer, they may be denied. As a general policy, such motions
				  shall be denied unless the person or agency shows that it has an interest in a
				  question of law or fact involved in the contested matter and the disposition of
				  the contested case may as a practical matter impair or impede the applicant's
				  ability to protect that interest, unless the applicant's interest is adequately
				  represented by existing parties.
(b) The hearings officer may permit
				  intervention to such an extent and upon such terms as the hearings officer may
				  deem proper and shall consider whether the intervention will unduly delay or
				  prejudice the adjudication of the rights of the original parties.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-36 - Prehearing conferences

Current through June, 2024
(a) The hearings
				  officer may order and hold prehearing conferences with the parties to formulate
				  or simplify issues, obtain stipulations of facts, arrange the exchange of
				  proposed exhibits or written testimony, set schedules, exchange names of
				  witnesses, limit the number of witnesses, and determine such other matters as
				  may expedite the orderly conduct and disposition of the case as permitted by
				  law.
(b) The hearings officer may
				  request memoranda setting forth the issues, facts, and legal arguments upon
				  which the parties intend to rely, and the hearings officer may fix the
				  conditions and time for the filing of memoranda and the number of pages.
				  Exhibits may be reproduced in an appendix to a memorandum. A memorandum of more
				  than twenty pages, exclusive of exhibits, shall contain a table of contents and
				  table of authorities.
(c) If a
				  party fails to abide by any prehearing or other order of the hearings officer
				  or final decision maker, the hearings officer or final decision maker may enter
				  an order refusing the disobeying party from supporting or opposing claims or
				  defenses, or prohibiting the disobeying party from calling witnesses and/or
				  introducing designated matters into evidence.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-37 - Motions

Current through June, 2024
(a) All motions, other than those made during
				  a hearing, shall be made in writing to the hearings officer, shall state the
				  relief sought, and shall be accompanied by an affidavit, declaration, or
				  memorandum setting forth the grounds upon which they are based. The hearings
				  officer shall determine whether a motion shall be heard or decided upon written
				  submissions, and may set the time for hearing and opposing memorandum, if
				  any.
(b) Unless otherwise specified
				  by the hearings officer, the moving party shall serve a copy of all motions on
				  the hearings officer and all other parties not less than ten working days
				  before any hearing
(c) Unless
				  otherwise specified by the hearings officer, a memorandum in opposition or a
				  counter affidavit or declaration may be filed and served on all parties not
				  later than three working days before any hearing. The original and proof of
				  service shall be filed with the presiding hearings officer. No party may file
				  any papers less than three days before the date set for the hearing unless
				  otherwise permitted or ordered by the hearings officer.
(d) No reply or supplemental memoranda shall
				  be filed unless specifically allowed by the hearings officer.
(e) When service is made by mail, two
				  calendar days shall be added to the periods required in subsections (b) and
				  (c).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-38 - Evidence

Current through June, 2024
(a) The hearings officer shall follow section
				  91-10,
				  Hawaii Revised Statutes, with respect to evidence submitted or objected to in
				  contested case hearings.
(b) The
				  hearings officer shall rule on the admissibility of all evidence.
(c) When objections are made to the admission
				  or exclusion of evidence, the grounds relied upon shall be stated briefly.
				  Formal exceptions to rulings are unnecessary and need not be taken.
(d) An offer of proof for the record shall
				  consist of a statement of the substance of the evidence to which objection has
				  been sustained, or the submission of the evidence itself.
(e) With the approval or at the direction of
				  the hearings officer, a witness may submit written testimony into the record on
				  direct examination. Before any prepared testimony is read or submitted, unless
				  excused by the hearings officer, the witness shall deliver copies thereof to
				  the hearings officer and all counsel or parties. Admissibility shall be subject
				  to the rules governing oral testimony. The hearings officer may order that
				  copies of the prepared testimony be served upon all parties and the hearings
				  officer a set number of days before the hearing to permit proper cross
				  examination of the witnesses on matters contained in the prepared testimony.
				  The hearings officer may order the submission of written direct examination if
				  the officer deems that substantial savings in time will result, or for other
				  good cause.
(f) If relevant and
				  material information is offered in evidence in a document containing other
				  matters, the party offering it shall designate specifically the matter so
				  offered. If the other information in the document would burden the record, at
				  the discretion of the hearings officer, the relevant and material information
				  may be read into the record, or copies of the redacted document received as an
				  exhibit. Other parties shall be afforded opportunity at the time to examine the
				  document, and to offer in evidence other portions believed material and
				  relevant.
(g) If testimony in a
				  proceeding other than the one being heard is offered in evidence, a copy shall
				  be presented as an exhibit, unless otherwise ordered by the hearings
				  officer.
(h) The hearings officer
				  may disregard or strike direct testimony if opposing parties do not have an
				  opportunity for cross-examination.
(i) At the hearing, the hearings officer may
				  require the production of further evidence upon any issue. Upon agreement of
				  the parties, the hearings officer may authorize the filing of specific
				  documentary evidence as a part of the record within a fixed time.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-39 - Subpoenas of witnesses

Current through June, 2024
(a) Witnesses may
				  be subpoenaed to give oral testimony, produce documents and things, or
				  both.
(b) Subpoenas may be issued
				  by the hearings officer. No subpoena shall be issued unless the party
				  requesting the subpoena provides the name and address of the witness;
				  identifies the document, record or thing sought, if any; and tenders the
				  proper, required witness and mileage fees. Signed and sealed blank subpoenas
				  shall not be issued to anyone. The name and address of the witness shall be
				  inserted in the original subpoena, a copy of which shall be filed in the
				  proceeding. Subpoenas shall state at whose request the subpoena is
				  issued.
(c) Witnesses summoned
				  shall be paid the same fees and mileage as are paid witnesses in circuit courts
				  of the State of Hawaii, and such fees and mileage shall be paid by the party at
				  whose request the witness appears, except that State and county agencies are
				  exempt from paying witness fees and mileage.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-40 - Continuance of contested case hearing

Current through June, 2024
The contested case hearing shall be held at the time and
					 place set in the notice of hearing. The hearings officer may continue the
					 hearing based on a stipulation, motion, or the hearings officer's own
					 initiative, and at the hearing may continue the hearing from day to day or
					 adjourn the hearing to a later day or to a different place without notice other
					 than an announcement at the hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-41 - Defaults, dismissals, and summary decisions

Current through June, 2024
(a) For good
				  cause shown or upon failure of a party to appear after proper notice, a
				  hearings officer may find a party in default, or dismiss a complaint, whether
				  or not a party requests such relief.
(b) If a party fails to request a hearing
				  within the time specified in the departmental order or by statute, a party
				  shall be in automatic default and subject to the order without the need for a
				  finding or any other action by a hearings officer.
(c) Upon motion or the hearings officer's own
				  initiative and proposal, and after the parties have an opportunity to present
				  their arguments, a hearings officer may render a summary decision and order
				  where no genuine issue of material fact exists and a party is entitled to a
				  decision as a matter of law.
(d) A
				  default, dismissal, or summary decision may apply to only some parties or may
				  resolve only some issues, and the hearings officer shall specify which parties
				  or what legal issues and facts remain for hearing.
(e) If a default other than an automatic
				  default under subsection (b), dismissal, or summary decision resolves all
				  issues, then the hearings officer shall issue or propose appropriate decisions
				  and orders, and for summary decisions, findings of fact and conclusions of
				  law.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-1-42 - Proposed and final decisions; exceptions and argument

Current through June, 2024
(a)
				  A hearings officer, other than the director or attached entity, shall:
(1) Render and serve on the parties or their
				  attorneys a certified copy of the hearings officer's proposed decision and
				  order, findings of fact, and conclusions of law (collectively, "proposal")
				  within thirty days after the end of the hearing or the parties' submission of
				  the parties' proposals, whichever is later. The director or attached entity may
				  extend this time if the hearings officer shows good cause in writing;
				  and
(2) Set a time limit for any
				  party adversely affected by the hearings officer's proposal to file and serve
				  specific exceptions to the proposal, designation of parts of the record to
				  consider, and a request for argument before the director or attached entity who
				  will make the final decision. The hearings officer shall consider the time
				  necessary for any transcription of the record when setting time
				  limits.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 11-11-43 - Transcripts; fees; corrections

Current through June, 2024
(a) When a
				  stenographic or other record is taken, any party may request a certified
				  transcript of the hearing. The party making the request shall be responsible
				  for the fees for the transcript, unless the party is initiating an appeal to
				  circuit court, in which case the department shall provide for a copy of the
				  transcript of the hearing to be transmitted to the court for the
				  appeal.
(b) Motions to correct the
				  transcript shall be made within five days after receipt of the transcript, and
				  motions shall be acted upon by the hearings officer within ten days.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING › Section 11-1-51 - Petitions for adoption, amendment or repeal of rules

Current through June, 2024
(a) Any
				  interested agency or person who is not representing the department, may
				  petition the department to adopt, amend, or repeal any rule that is designed to
				  implement, interpret, or prescribe law, policy, procedure, or practice
				  requirements of the department.
(b)
				  The petition shall be filed in writing and shall include:
(1) The petitioner's name, mailing address,
				  and telephone number;
(2) The
				  petitioner's signature or the signature of the petitioner's authorized
				  representative or attorney;
(3) A
				  statement of the nature of the petitioner's interest;
(4) The text of the proposed rule or
				  amendment or a designation of the rule sought to be repealed;
(5) A statement of the reason or reasons in
				  support of the proposed rule, amendment, or repeal; and
(6) Any other information relevant to the
				  petition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING › Section 11-1-52 - Notices of proposed rulemaking

Current through June, 2024
(a) When the
				  department proposes to adopt, amend, or repeal an administrative rule, the
				  department shall assign a docket number for each proposed rulemaking under this
				  subchapter.
(b) Notice of proposed
				  rulemaking shall be published as required by statute.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING › Section 11-1-53 - Conduct of hearings

Current through June, 2024
(a) Each rulemaking
				  hearing shall be presided over by a hearings officer. The hearing shall be
				  conducted so as to afford to any interested person or agency a reasonable
				  opportunity to be heard on matters specified in the notice of hearing and so as
				  to obtain a clear and orderly record. The hearings officer may direct the order
				  of statements, set time limits on statements, and take all action necessary for
				  the orderly conduct of the hearing.
(b) At the commencement of the hearing, the
				  presiding hearings officer shall read the notice of hearing, or distribute
				  copies of the notice and summarize it, and then outline briefly the procedure
				  to be followed.
(c) All interested
				  persons or agencies shall be given reasonable opportunity to speak with respect
				  to the matters specified in the notice of hearing. Every individual shall,
				  before presenting his or her statement, state his or her name, address, and
				  whom the individual represents at the hearing, and shall give such other
				  information regarding the individual's appearance as the hearings officer may
				  request. The hearings officer shall confine the statements to the matters
				  specified in the notice of the hearing. Every individual may be questioned by
				  the hearings officer, but shall not be questioned by anyone else unless the
				  hearings officer expressly permits it.
(d) In addition to or in place of oral
				  statements at a hearing, persons and agencies may also file with the department
				  within five calendar days following the close of the hearing, or within such
				  other time permitted by the hearings officer, written comments or
				  recommendations regarding the proposed rulemaking.
(e) The hearings officer may determine if
				  statements given at a rulemaking hearing will be recorded by stenography,
				  audiotape, videotape, or other means. All supporting written statements and
				  data received at the hearing and which are deemed by the hearings officer to be
				  authentic and relevant, shall be made a part of the record.
(f) A rulemaking hearing shall be held at the
				  time and place announced in the notice of hearing. The hearing may be continued
				  by the hearings officer from day to day or adjourned to a later date or to a
				  different place without notice other than the announcement of the continuance
				  or adjournment during or at the end of the hearing held at the scheduled time
				  and place.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY ORDERS › Section 11-1-61 - Petitions for declaratory orders

Current through June, 2024
(a) Any interested
				  person or agency may petition for a declaratory order as to the applicability
				  of any statutory provision administered by the department or of any rule or
				  order of the department.
(b) The
				  petition shall be filed in writing and shall include:
(1) The petitioner's name, mailing address,
				  and telephone number;
(2) The
				  petitioner's signature or the signature of the petitioner's authorized
				  representative or attorney;
(3) A
				  designation of the specific statutory provision, rule, or order in question,
				  together with a clear and concise statement of the controversy or uncertainty
				  involved;
(4) A full disclosure of
				  the petitioner's interest in the subject matter, including the reason or
				  grounds for submission of the petition;
(5) A detailed statement of the
				  facts;
(6) A statement of the
				  petitioner's position or contention; and
(7) A memorandum containing a discussion of
				  reasons and legal authorities in support of the petitioner's position or
				  contention.
The department may summarily dismiss any petition that
					 fails to comply with the requirements of this section, or may require the
					 petitioner to file additional data in support of the petition, or may offer a
					 reasonable opportunity to correct any deficiencies in the petition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Section 11-5-1 - Purpose

Current through June, 2024
The purpose of this chapter is to state requirements for
				  health care professionals and laboratory directors to report to the department,
				  the diagnosis of any person afflicted with a designated environmentally-related
				  illness or injury.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Section 11-5-2 - Definitions

Current through June, 2024
As used in this chapter:
"Case" refers to a person who has been diagnosed to have any
				  of the diseases or conditions specified in table 1, "Reportable
				  Environmentally-Related Illnesses and Injuries."
"Department" means the department of health of the State of
				  Hawaii.
"Director" means the director of the department of health or
				  his duly authorized agent who may be the deputy director for environmental
				  health administration.
"Environmentally-related illnesses and injuries" are those
				  adverse health effects associated with exposure to any of the designated agents
				  listed in table 1 at the end of this chapter. Illnesses and injuries resulting
				  from occupational exposure to the agents listed in table 1 would also be
				  included under the same heading, "environmentally-related illnesses and
				  injuries."
"Health care professional" means a physician as licensed
				  under chapter
				  453 HRS or an osteopath as licensed
				  under chapter
				  460 HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Section 11-5-3 - Reporting requirements

Current through June, 2024
(a) Report by
				physicians: any health care professional who has primary responsibility for the
				treatment of an individual who is suffering from environmentally-related
				illness or injury shall report the occurrence of such illness to the department
				of health on Oahu. Any health care professional diagnosing and reporting any
				such illness or injury shall do confirmatory laboratory testing whenever
				possible to ascertain the agent that caused the condition and the nature of
				exposure. Health care professionals shall report diagnosed cases to the
				department as specified in table 1 entitled "Reportable Environmentally-Related
				Illnesses and Injuries." The department shall provide forms for reporting these
				conditions. Reports provided to the Department of Health on persons diagnosed
				to be suffering from an environmentally-related illness or injury shall be kept
				confidential and are not open for public inspection.
(b) Report by laboratories: every laboratory
				director having abnormal laboratory data regarding an individual affected by a
				designated toxic substance shall report such data to the Department of Health
				and attending physician as specified in table 1 entitled "Reportable
				Environmentally-Related Illnesses and Injuries." Laboratory notifications
				herein shall be kept confidential and are not open for public
				inspection.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Section 11-5-4 - Reportable environmentally-related illnesses and injuries and condition for control

Current through June, 2024
The diseases listed or described in table 1 entitled
				  "Reportable Environmentally-Related Illnesses and Injuries," located at the end
				  of this chapter are declared by the director to be potentially dangerous to
				  public health and shall be reported to the department as specified to provide
				  information to assist in prevention efforts.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Section 11-5-5 - Immunity from liability

Current through June, 2024
In the event where confirmatory laboratory testing of the
				  suspected agent is not possible or in cases of laboratory error, neither the
				  reporting physician or laboratory director will be held legally liable for any
				  error in reporting such a case, should the condition prove later to be due to
				  another etiologic agent. Therefore, any health care professional or laboratory
				  director who complies with this chapter shall not be held civilly or criminally
				  liable for providing best obtainable information or diagnosis required under
				  this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Section 11-5-6 - Penalty

Current through June, 2024
Every person who willfully violated any provision of this
				  chapter shall be guilty of a misdemeanor and upon conviction shall be fined not
				  more than one thousand dollars.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Section 11-5-7 - Severability

Current through June, 2024
If any provision of this chapter, or its application to any
				  person or circumstance, is held invalid, the application of such provision to
				  other persons or circumstances, and the remainder of this chapter shall not be
				  affected thereby."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 5 - ENVIRONMENTALLY-RELATED ILLNESS AND INJURY REPORTING › Table 1 - "Reportable Environmentally-Related Illnesses and Injuries"

Current through June, 2024
Condition
Method of Submitting Report
Heavy metal poisoning:
arsenic
cadmium
lead
mercury
Telephone within one working day of laboratory
							 confirmation
Pesticide poisonings:
carbamates
organophosphates
Telephone within one working day of diagnosis
The conditions listed in TABLE 1 may represent a potential
				  threat to public health and each case shall be reported to the Department of
				  Health.
The
				  adopted version of this chapter by
				  Hawaii
				  Administrative Rules Listing of Filings, 2021-01, July, eff.
				  8/9/2021 is not yet
				  available.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 1 - GENERAL PROVISIONS › Section 11-10-1 - Scope

Current through June, 2024
This chapter sets forth minimum requirements for the
					 protection of public health respecting public swimming pools. These
					 requirements shall apply to all public swimming pools, but shall not apply
					 to:
(1) Private residential swimming
				  pools;
(2) Private residential
				  spas, hot tubs, or furo (Japanese baths);
(3) Ornamental pools;
(4) Marine habitat venues; or
(5) Beach venues.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 1 - GENERAL PROVISIONS › Section 11-10-3 - Submission of plans and specifications

Current through June, 2024
(a) All plans and
				  specifications of a proposed public swimming pool or renovation of a public
				  swimming pool, with supporting data, shall be prepared by or under the direct
				  supervision of an architect or engineer licensed to practice in this State, and
				  shall be submitted to the director for review and approval prior to
				  construction.
(b) The seal affixed
				  by the architect or engineer on the plans and specifications with supporting
				  data shall be prima facie evidence that the architect or engineer has designed
				  or supervised the design of the public swimming pool and equipment.
(c) All plans and specifications of public
				  saltwater specialty swimming pools must incorporate a mechanical pumping
				  system.
(d) All plans and
				  specification of open system public saltwater specialty swimming pools must
				  demonstrate to the satisfaction of the Director that water exchange rates
				  required by §
										11-10-16(a)(3)(B)
				  will be achieved. In open system public saltwater specialty swimming pools,
				  this demonstration may be accomplished by calculating the flow rate of input
				  water.
(e) No public swimming pool
				  shall be constructed or renovated except in accordance with plans and
				  specifications approved by the director.
(f) A plan review fee of $200 shall accompany
				  the submittal of plans and specifications.
(g) The failure of the director to act on a
				  complete application to construct or renovate a public swimming pool within one
				  hundred eighty days of the receipt of the application shall be deemed an
				  approval of the application; provided that the applicant acts consistently with
				  the application process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 1 - GENERAL PROVISIONS › Section 11-10-4 - Permit to operate

Current through June, 2024
(a) No person shall
				  operate or maintain a public swimming pool unless a permit to operate has been
				  obtained from the department. The permit shall be valid for five years unless
				  revoked or suspended for cause.
(b)
				  Any person desiring to operate or maintain a public swimming pool shall submit
				  an application for a permit on a form designated by the department.
(c) The director shall ascertain if the
				  applicant is in compliance with this chapter by reviewing data demonstrating
				  that the public swimming pool is performing as designed, reviewing the public
				  swimming pool's operation and maintenance procedures, reviewing the public
				  swimming pool's emergency response to accident procedures, and where
				  applicable, reviewing and approving the public swimming pool's monitoring plan.
				  When the director has determined that the public swimming pool satisfies the
				  requirements of this chapter, a permit shall be issued to the applicant by the
				  director after the department receives a permit fee of $50.
(d) The permit shall be
				  non-transferable.
(e) A valid
				  permit shall be posted in a conspicuous place within the confine of the public
				  swimming pool, at the bathhouse, or in the office of the pool
				  manager.
(f) Subsequent to the
				  permit being issued, the director shall have the right of entry to perform
				  inspections of the public swimming pool and to arrange for collection and
				  examination of water samples from the public swimming pool to ensure compliance
				  with this chapter. Any and all subsequent inspections may be conducted solely
				  at the discretion of the director.
(g) A permit renewal application shall be
				  submitted at least one hundred eighty days prior to expiration of the permit.
				  The director shall review the public swimming pool's operation and maintenance
				  records, review the public swimming pool's emergency response records, and
				  where applicable, review data resultant from the public swimming pool's
				  monitoring plan. When the director has determined that the public swimming pool
				  continues to satisfy the requirements of this chapter, the permit shall be
				  renewed by the director after receipt by the department of a renewal permit fee
				  of $50.
(h) Failure of the director
				  to act on a completed application for permit or permit renewal within one
				  hundred eighty days of the receipt of the application shall be deemed an
				  approval of the application; provided that the applicant acts consistently with
				  the application process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 1 - GENERAL PROVISIONS › Section 11-10-5 - Permit denial, revocation, or suspension

Current through June, 2024
(a) The director
				  may deny, revoke, or suspend a permit for failure to comply with this chapter
				  and/or for knowingly or willfully making any false statements to the department
				  relative to any matter under this chapter.
(b) The applicant or permit holder shall be
				  notified in writing of findings made by the department of any failure to comply
				  with this chapter.
(c) Any
				  applicant or permit holder shall have the right and opportunity to appeal the
				  findings of the department in writing to the director within twenty days of
				  receipt of notice of noncompliance with this chapter. No suspensions or
				  revocations shall become effective until the applicant or permit holder has had
				  an opportunity to appeal the department's findings.
(d) Notwithstanding subsection (a), (b), and
				  (c), where the director finds that there exists an immediate and substantial
				  danger to the public health in the public swimming pool, the director may issue
				  an order to suspend the public swimming pool permit and shall provide an
				  opportunity for hearing within twenty four hours after service of the
				  order.
(e) All hearings shall
				  comply with chapter
				  91, HRS, and the department rules of
				  practice and procedure.
(f) A
				  revoked or suspended permit shall be reissued upon presentation of evidence in
				  writing to the department that the deficiencies causing the revocation or
				  suspension have been corrected and reinspection by the department confirms the
				  written evidence.
(g) The
				  department may consider as a possible justification for the denial, suspension,
				  or revocation of a permit, any conviction of a penal offense when such offense
				  directly relates to the permit applicant's or permit holder's ability to comply
				  with this chapter. Such denial, suspension, or revocation shall be pursuant to
				  and in accordance with sections
				  831-3.1(b)
				  and (c).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 1 - GENERAL PROVISIONS › Section 11-10-6 - Variances

Current through June, 2024
(a) Every application for a variance shall be
				  made on forms furnished by the department. The applicant shall submit
				  sufficient information to enable the director to make a decision on the request
				  for variance.
(1) The director shall not act
				  upon or consider any incomplete application for a variance. An application
				  shall be deemed complete only when all required and requested information,
				  including the application form, plans, specifications, and other information
				  have been timely submitted.
(2)
				  Every application shall be signed by the applicant and shall constitute an
				  acknowledgment and agreement that the applicant will comply with all the terms
				  and conditions of the variance and this chapter.
(3) The director may require the submission
				  of additional information after the application has been submitted. If an
				  application is incomplete or otherwise deficient, processing of the application
				  shall not be completed until such time as the applicant has supplied all
				  required information or otherwise corrected the deficiency.
(4) The failure of the director to act on a
				  completed application for a variance within one hundred eighty days of the
				  receipt of the application shall be deemed an approval of the application;
				  provided that the applicant acts consistently with the application
				  process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 1 - GENERAL PROVISIONS › Section 11-10-7 - Penalty

Current through June, 2024
Any person who violates any provision of this chapter
					 shall be subject to penalties specified in sections
					 321-18 and
					 321-20,
					 HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 2 - OPERATION AND MAINTENANCE › Section 11-10-15 - Public freshwater swimming pools

Current through June, 2024
(a) Water supply:
(1) The water supply serving a public
				  freshwater swimming pool shall meet the requirement of chapter
				  11-20,
				  Rules Relating to Potable Water Systems, except that the director may approve
				  the use of water from natural sources.
(2) Where both potable and nonpotable water
				  systems are used to serve a public freshwater swimming pool, the systems shall
				  be piped to prevent cross-connections or back-siphonage.
(3) All portions of the potable water supply
				  system serving the public freshwater swimming pool and auxiliary facilities
				  shall be protected against backflow.
(4) Potable water introduced into the public
				  freshwater swimming pool, either directly or to the recirculation system, shall
				  be supplied through an air gap or other approved means.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 2 - OPERATION AND MAINTENANCE › Section 11-10-17 - Wastewater disposal

Current through June, 2024
(a) Overflow water
				  of a public swimming pool, not including open systems, shall be returned to the
				  filter system:
(1) Backwash water may be
				  discharged into a sanitary sewer through an approved air gap, or into an
				  approved subsurface disposal system, or separation tank, or by other means
				  approved by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 10 - PUBLIC SWIMMING POOLS › Subchapter 2 - OPERATION AND MAINTENANCE › Section 11-10-18 - Public swimming pool cleaning

Current through June, 2024
(a) Visible scum,
				  dirt, silt, or organic matter in the public swimming pool shall be removed
				  within twenty-four hours by flushing or other effective means.
(b) Surfaces in the locker rooms, bathrooms,
				  and public swimming pool walls, bottom and deck must be easy to clean and
				  scrubbed to remove bacterial films.
(c) All public swimming pool surfaces must be
				  kept free of growth to prevent skin abrasion of swimmers.