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 11-1-32 - Representation and appearances before the department

Current through June, 2024
(a) An
				  individual may appear in the individual's own behalf; a general partner of a
				  partnership may represent the partnership; a bona fide officer, trustee, or
				  managerial level employee of a corporation, trust, or association may represent
				  the corporation, trust or association; the manager of a manager-managed limited
				  liability company and a member of a member-managed limited liability company
				  may represent the limited liability company; and an officer or employee of an
				  agency of the state or a political subdivision of the state may represent that
				  agency in any hearing before the department. A legal guardian may appear on
				  behalf of a ward, within the scope of the guardian's duties, and a parent may
				  appear on behalf of his or her minor child, unless the parent's rights have
				  been terminated by court order.
(b)
				  In any hearing under these rules, a party may be represented by a lawyer or
				  lawyers qualified to practice before the Supreme Court of Hawaii or an attorney
				  who is allowed to appear pro hac vice. Any attorney actively licensed to
				  practice law by the highest court of a state or territory of the United States
				  or District of Columbia who is not a resident of or regularly employed in the
				  State of Hawaii may be permitted to associate himself or herself with a member
				  or members of the Hawaii bar in the presentation of the specific contested case
				  at the discretion of the hearings officer or final decision maker.
(c) A party shall not be represented in any
				  hearing except as stated in subsections (a) and (b).
(d) An individual's personal appearance or
				  signature on a document filed with the department constitutes a representation
				  that the individual is authorized and qualified to represent the particular
				  party on whose behalf the individual claims or appears to act. The department
				  may at any time require any individual acting in a representative capacity to
				  prove the individual's authority and qualification to act in that
				  capacity.
(e) No past officer,
				  employee, or lawyer of the department shall in any manner represent or appear
				  on behalf of any person regarding any matter or proceeding which was pending
				  before the department when the individual was associated with the department,
				  unless the individual first obtains the director's written consent. To obtain
				  that consent, the individual shall submit a sworn statement showing that the
				  individual did not personally consider or gain particular knowledge of the
				  facts of the matter or proceeding during the individual's association with the
				  department.
(f) No individual
				  appearing before the department in any proceeding or matter shall knowingly
				  accept assistance from another individual regarding that proceeding or matter,
				  if the second individual would be precluded by this section from appearing
				  before the department in such proceeding or matter.