reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 5 - MANAGEMENT OF NON-AGRICULTURAL PARK LANDS › Section 4-158-38 - Lease forfeiture

Current through June, 2024
(a) Upon the
				  violation of any condition or term of any lease to be observed or performed by
				  the lessee, the board shall, after the notice of default as provided in section
				  4-158-33, and subject to the rights of each holder of record having a security
				  interest as provided in section 4-158-34, terminate the lease or tenancy and
				  take possession of the leased land, without demand or previous entry and
				  without legal process, together with all improvements placed thereon and shall
				  retain all rent paid in advance as damages for the violations.
(b) The board shall have the right to
				  withdraw the demised premises, or any portion thereof, at any time during the
				  term of this lease with reasonable notice and without compensation, except as
				  provided herein, for public uses or purposes, for constructing new roads or
				  extensions, or changes in line or grade of existing roads, for rights-of-way
				  and easements of all kinds, and shall be subject to the right of the board to
				  remove soil, rock, or gravel as may be necessary for the construction of roads
				  and rights-of-way within or without the demised premises; provided that upon
				  the withdrawal or taking which causes any portion of the land originally
				  demised to become unusable for the specific use or uses for which it was
				  demised, the base annual rental shall be reduced in proportion to the value of
				  the land withdrawn or made unusable. If any permanent improvement constructed
				  upon the demised premises by the lessee is destroyed or made unusable in the
				  process of the withdrawal or taking, the proportionate value thereof shall be
				  paid based upon the unexpired term of this lease; provided that no withdrawal
				  or taking shall be had as to those portions of the land which are then under
				  cultivation with crops until the crops are harvested, unless the board pays to
				  the lessee the value of the crops; and provided further that upon withdrawal
				  the lessee shall be compensated for the present value of all permanent
				  improvements in place at the time of withdrawal that were legally constructed
				  upon the demised premises by the lessee of the leased land being withdrawn. For
				  tree or orchard crops taken, payment shall be based on the residual value of
				  trees taken and, if there are unharvested crops, the value of such unharvested
				  crops.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 6 - OTHER PROVISIONS › Section 4-158-39 - Report on all dispositions

Current through June, 2024
The department shall submit, as part of its annual report
					 required by section
					 141-1(7),
					 HRS, a report on all dispositions made in the preceding year, the persons to
					 whom made, the size of each disposition, the use, the tax map key number, the
					 base rental and any additional rental, and method of
					 disposition.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 6 - OTHER PROVISIONS › Section 4-158-40 - Severability

Current through June, 2024
This chapter shall be deemed to be severable, and in the
					 event a section of this chapter is determined to be invalid, such invalidity
					 shall affect that section only and not invalidate this chapter in its
					 entirety.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 162 - Food Safety Certification Cost Grant Program

Current through June, 2024
The adopted
				version of this chapter by
				Hawaii
				Administrative Rules Listing of Filings, 2018-01, October, eff.
				10/27/2018 is not
				yet available.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 9 - AQUACULTURE DEVELOPMENT PROGRAM › Chapter 170 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Subchapter 1 - GENERAL PROVISIONS › Section 4-170-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish a schedule of
					 fees for aquacultural services. These fees shall apply to all persons
					 requesting services from the aquaculture program of the department of
					 agriculture.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 9 - AQUACULTURE DEVELOPMENT PROGRAM › Chapter 170 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Subchapter 1 - GENERAL PROVISIONS › Section 4-170-2 - Definitions

Current through June, 2024
As used in this chapter:
"Chairperson" means the chairperson of the board of
					 agriculture,
"Department" means the department of agriculture.
"Non-routine technical services" means services and
					 consultations in aquaculture planning, resource assessment and management,
					 marketing, and health management provided to entities outside the Hawaii
					 aquaculture industry or out-of-state.
"Program" means the aquaculture program of the department
					 of agriculture.
"Staff" means an employee of the aquaculture
					 program.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 9 - AQUACULTURE DEVELOPMENT PROGRAM › Chapter 170 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Subchapter 2 - FEE SCHEDULES AND WAIVERS › Section 4-170-3 - Fees for diagnostic services

Current through June, 2024
(a) The program
				  shall charge the following fees for aquatic animal or plant health diagnostic
				  services:
(1) A fee of $10.00 per isolate for
				  microbiological procedures for identification of bacteria and fungi to
				  determine the health status of aquatic animals or plants and their growing
				  environment;
(2) A fee of $5.00 per
				  dot blot gene probe test to determine the health status of aquatic animals or
				  plants and their growing environment;
(3) A fee of $5.00 per immune histochemistry
				  reaction to determine the health status of aquatic animals or plants and their
				  growing environment;
(4) A fee of
				  $55.00 per polymerase chain reaction vial for virological procedures to
				  determine the health status of aquatic animals or plants and their growing
				  environment;
(5) A fee of $7.00 per
				  slide for histopathology procedures and microscopic examination to determine
				  the health status of aquatic animals or plants and their growing
				  environment;
(6) A fee of $4.00 per
				  slide required in a necropsy examination to determine the health status of an
				  aquatic animal or plant and their growing environment; and
(7) A fee of $4.00 per sample required to
				  determine the water quality of the growing environment of an aquatic animal or
				  plant.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 9 - AQUACULTURE DEVELOPMENT PROGRAM › Chapter 170 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Subchapter 2 - FEE SCHEDULES AND WAIVERS › Section 4-170-4 - Fee for certificates of health

Current through June, 2024
(a) The program
				  shall charge a fee of $50.00 per certificate of health issued for the aquatic
				  animals or plants and their growing environment and may charge for specified
				  diagnostic services as described in section 4-11-3.
(b) Additional charges may be made for travel
				  and transportation costs, staff time, per diem expenses, and other direct
				  expenses incurred by the program in issuing a certificate of health.
(c) When payments of fees are made by check,
				  a service fee of $7.50 shall be assessed for each check not honored.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 9 - AQUACULTURE DEVELOPMENT PROGRAM › Chapter 170 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Subchapter 2 - FEE SCHEDULES AND WAIVERS › Section 4-170-5 - Fees for non-routine technical services

Current through June, 2024
(a) The
				  program may charge for non-routine technical services at the rate of $30.00 per
				  hour for professional staff time and may charge for specified diagnostic
				  services as described in section 4-11-3.
(b) Additional charges may be made for travel
				  and transportation costs, per diem expenses, and other direct expenses incurred
				  by the program in performing non-routine technical services.
(c) When payments of fees are made by check,
				  a service fee of $7.50 shall be assessed for each check not honored.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 9 - AQUACULTURE DEVELOPMENT PROGRAM › Chapter 170 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Subchapter 2 - FEE SCHEDULES AND WAIVERS › Section 4-170-6 - Waiver of fees

Current through June, 2024
Charges made pursuant to this chapter for aquaculture
					 services may be waived with the approval of the chairperson.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 9 - AQUACULTURE DEVELOPMENT PROGRAM › Chapter 170 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Subchapter 3 - AQUACULTURE DEVELOPMENT SPECIAL FUND › Section 4-170-7 - Aquaculture development special fund

Current through June, 2024
All fees collected by the program under this chapter shall
					 be deposited into the aquaculture development special fund pursuant to section
					 141-2.7,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-1-1 - Statement of purpose

Current through June, 2024
This chapter shall govern the practice and procedure before
					 the department of the attorney general. It is the intention that this chapter
					 shall, in part, effectuate and carry out the purposes and policies of chapters
					 91 and 92, Hawaii Revised Statutes, and shall be construed and interpreted in
					 the manner most favorable to secure the just, speedy, and inexpensive
					 determination of every proceeding authorized by law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-1-2 - Definitions

Current through June, 2024
Whenever used in this chapter, unless the context otherwise
					 requires:
"Complainant" means the person, agency, or officer upon
					 whose complaint a proceeding is instituted.
"Contested case" means a proceeding in which the legal
					 rights, duties, or privileges of specific parties are required by law to be
					 determined after opportunity for hearing before the director.
"Department" means the department of the attorney general,
					 including all administrative offices, agencies, boards, and commissions placed
					 or established within the department.
"Director" means the attorney general or the head of a
					 board, commission, agency, or office placed within the department for
					 administrative purposes.
"Hearing" means any formal proceeding for the determination
					 of the legal rights of specific parties that is authorized by law or rules in a
					 matter which is initiated by action taken, or to be taken, by the department or
					 which may be initiated by a petition or application for the granting of any
					 right, privilege, authority, or relief from or after administrative
					 action.
"Party" means each person or agency named or admitted as a
					 party, or properly seeking and entitled as of right to be admitted as a party,
					 in a hearing.
"Person" includes individuals, partnerships, corporations,
					 associations, or public or private organizations of any character other than
					 agencies.
"Petitioner" means the person making or on whose behalf a
					 petition or application is made for a hearing which the director may hold under
					 statutory or other authority delegated to the director or for a declaratory
					 ruling, as to the applicability of any statutory provision or of any department
					 rule or order, or for the adoption, amendment, or repeal of any department
					 rule.
"Presiding officer" means the person conducting the hearing
					 and may be the director or the director's representative.
"Public records" means those government records that the
					 department may disclose pursuant to chapter
					 92F, Hawaii Revised Statutes.
"Respondent" means the party in a contested case against
					 whom an order to show cause has been issued by the director on the director's
					 own initiative or a notice of hearing has been issued on the basis of a
					 complaint filed with the director.
"Rulemaking" means any formal action for the adoption,
					 amendment, or repeal of any rule of the department.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-1-3 - Offices of the department

Current through June, 2024
(a) The central
				  office of the department and the office of the attorney general are located in
				  Hale Auhau at 425 Queen Street, Honolulu, Hawaii 96813.
(b) The department has divisions that are
				  either legal services providers or administrative in functions. These divisions
				  are located in Hale Auhau and in other locations in Honolulu, Oahu, in Hilo and
				  Kealakekua, Hawaii, in Wailuku, Maui, and in Lihue, Kauai. For the purposes of
				  facilitating the request of information directly from offices in other
				  locations, the following are some of the other office locations:
(1) Oahu:
(A) Hawaii Criminal Justice Data Center
Kekuanao'a Building
465 South King Street
Honolulu, Hawaii 96813
(B) Office of Information Practices
Kapuaiwa Building, Room 201
426 Queen Street
Honolulu, Hawaii 96813
(C) Crime Prevention Division
City Center, Suite 701
810 Richards Street
Honolulu, Hawaii 96813
(D) Child Support Enforcement Agency
(principal office)
680 Iwilei Road, Suite 490
Honolulu, Hawaii 96817
(E) Office of Child Support Hearings
680 Iwilei Road, Suite 435
Honolulu, Hawaii 96817
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-1-4 - Office hours

Current through June, 2024
The offices of the department shall be open from 7:45 a.m.
					 to 4:30 p.m., Monday to Friday, except state holidays and except that, pursuant
					 to executive orders issued by the governor of Hawaii, the civil identification
					 section of the Hawaii criminal justice data center shall be open from 7:45 a.m.
					 only to 3:30 p.m. and the child support enforcement agency offices shall be
					 open only from 9:00 a.m. to 3:00 p.m.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-1-5 - Public records

Current through June, 2024
All public records of the department shall be available for
					 inspection during established office hours, subject to chapter
					 92F, Hawaii Revised Statutes, and
					 rules adopted under that chapter.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-1-6 - Public information and submittals

Current through June, 2024
(a) Any person may
				  obtain information available for public dissemination concerning the activities
				  of the department from the appropriate offices of the department during
				  established business hours.
(b) Any
				  person may file in the office of the director requests, objections, or views on
				  any matter in any proceedings before the department in accordance with this
				  chapter.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 2 - MEETINGS › Section 5-1-21 - Applicability

Current through June, 2024
This subchapter shall apply to any agency, board,
					 commission, authority, or committee of the department that is a "board" as
					 defined by section
					 92-2, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 2 - MEETINGS › Section 5-1-22 - Conduct of meetings

Current through June, 2024
(a) Unless
				  otherwise required by statute or administrative rule, meetings shall be
				  conducted in accordance with the current edition of Robert's Rules of
				  Order.
(b) Interested persons
				  wishing to submit data, views, or arguments, in writing, on any agenda item
				  shall submit to the agency, board, commission, authority, or committee, no
				  later than the workday prior to the day of the meeting, a legibly written or
				  typed copy of the information, on 8 1/2 by 11 inch paper. The information must
				  be in a form that may be reproduced by xerographic means for distribution to
				  the members of the agency, board, commission, authority, or
				  committee.
(c) Oral testimony may
				  be given to the agency, board, commission, authority, or committee on any
				  agenda item, but the presiding officer may limit each person to no more than
				  five minutes per agenda item and may further limit or terminate testimony that
				  the presiding officer determines to be repetitious or given solely for purposes
				  of delay. The presiding officer may at any time require any person appearing
				  before the agency, board, commission, authority, or committee in a
				  representative capacity to show that person's authority and qualifications to
				  act in such a representative capacity and to identity the persons and interests
				  that are being represented.
(d) The
				  presiding officer may order the removal of any person who wilfully disrupts a
				  meeting or otherwise interferes with the proper and expeditious conduct of the
				  meeting.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-31 - Applicability

Current through June, 2024
The general procedures specified in this chapter shall
					 apply to all contested cases that may come before any division or
					 administratively attached agency, board, commission, or office of the
					 department to the extent that specific procedures, such as those for child
					 support enforcement and for information practices, are not otherwise
					 provided.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-32 - Docket

Current through June, 2024
The director or the director's representative shall
					 maintain a docket of all contested cases processed under this subchapter and
					 not under other specific procedures and each case shall be assigned a
					 number.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-33 - Hearings; request for and scheduling

Current through June, 2024
(a) A hearing on a
				  contested matter shall be scheduled by the department on its own motion or upon
				  the complaint or petition of any interested person or any agency of the state
				  or county governments when the processing of a complaint or petition
				  necessitates such a hearing.
(b) A
				  complaint or petition by an aggrieved person or proper party or by an
				  interested agency of the state or county governments requesting such a hearing
				  shall contain concise statements of:
(1) the
				  legal authority under which the proceeding, hearing, or action is to be held or
				  made;
(2) the disagreement,
				  denial, grievance, or matter that is being contested by the complainant or
				  petitioner;
(3) the basic facts
				  and issues raised; and
(4) the
				  relief to which the party, complainant, or petitioner deems itself entitled.
				  The department may prepare departmental forms that may be substituted for any
				  complaint or petition which may be required for any authorized proceedings
				  pursuant to law or rules.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-34 - Presiding officer of hearings; duties and powers

Current through June, 2024
(a) The
				  director shall conduct the hearings on a contested case, shall render the
				  decision, and shall issue such orders and take such actions as may be required;
				  provided that the director may designate a representative who shall be the
				  presiding officer, conduct the hearings, and make recommendations in writing to
				  the director, which recommendations shall include recommendations as to
				  findings of fact and conclusions of law. The director shall then render the
				  decisions as to findings of fact and conclusions of law and shall issue such
				  orders and take such actions as may be further required.
(b) In all such hearings, the presiding
				  officer shall have the power to give notice of the hearing, arrange for the
				  administration of oaths, examine witnesses, certify to official acts, rule on
				  offers of proof, receive relevant evidence, regulate the course and conduct of
				  the hearing, including regulating the manner of any examination of a witness to
				  prevent harassment or intimidation and ordering the removal of disruptive
				  individuals, and perform such other duties necessary for the proper conduct of
				  the hearings.
(c) Any rule of these
				  rules of practice and procedure may be suspended or waived by the department or
				  by the presiding officer, before whom the matter is heard, to prevent undue
				  hardship in any particular instance.
(d) The presiding officer may engage the
				  services of a stenographer, or someone similarly skilled, to take a verbatim
				  record of the evidence presented at any hearing. If a verbatim record is taken,
				  any party may request a certified transcript of the proceedings. The party
				  making the request shall be responsible for the fees for the
				  transcript.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-35 - Disqualification of presiding officers

Current through June, 2024
(a) A presiding
				  officer shall be disqualified from deciding a contested matter if the presiding
				  officer:
(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 a personal bias or prejudice concerning a party that will prevent a fair
				  and impartial decision involving that party.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-36 - Substitute presiding officers

Current through June, 2024
If a presiding officer is absent from a scheduled hearing
					 or is incapacitated from performance of duty, the director may designate
					 another representative to serve as a substitute presiding officer without
					 abatement of the proceedings.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-37 - Communications with presiding officers

Current through June, 2024
(a) No person shall
				  communicate with the presiding officer regarding matters to be decided by the
				  presiding officer with the intent, or the appearance of the intent, to
				  influence the decision of the presiding officer, unless all of the parties to
				  the proceedings are given notice of communication and an opportunity to also
				  communicate with the presiding officer.
(b) If a communication is made privately with
				  the presiding officer in violation of subsection (a) , the presiding officer
				  shall disclose the communication to all parties on the record of the
				  proceedings and afford all parties [an opportunity] to respond to, refute, or
				  otherwise comment on the exparte communication.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-38 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by
					 these or other applicable rules or by order of the department, 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, a Sunday, or a holiday, in which event the period runs
					 until the next day that is not a Saturday, a Sunday, or a holiday. Intermediate
					 Saturdays, Sundays, and holidays shall be excluded in the computation when the
					 period of time prescribed or allowed is seven days or less. As used in this
					 section, "holiday" includes any day designated as such pursuant to section
					 8-1, Hawaii
					 Revised Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-39 - Filing of documents

Current through June, 2024
(a) All pleadings,
				  submittals, petitions, applications, charges, reports, maps, exceptions,
				  briefs, memorandums, and other papers required to be filed in any proceeding,
				  shall be filed with the director or as instructed by the director. Such papers
				  may be sent by mail or hand-carried to the appropriate office of the
				  department, within the time limit, if any, or as set forth in any statute or
				  rule, for such filing. The date on which the papers are actually received by
				  the department or at the hearing shall be deemed to be the date of
				  filing.
(b) All papers filed with
				  the department shall be written in ink, typewritten, mimeographed, or printed,
				  shall be plainly legible, shall be on strong durable paper, not larger than
				  §
										8-1/2 by 11
				  inches in size except that tables, maps, charts, and other documents may be
				  larger, but shall be folded to the size of the documents to which they are
				  attached.
(c) All papers must be
				  signed in ink by the party or a duly authorized agent or attorney. The
				  signature shall constitute a certification that the party in interest has read
				  the document; that to the best of the party's knowledge, information, and
				  belief every statement contained in the document is true and no such statements
				  are misleading; and that the document is not interposed for delay.
(d) Unless otherwise specifically provided by
				  a particular rule or order of the department, an original and two copies of all
				  papers shall be filed.
(e) The
				  initial document filed by any person in any proceeding shall state on the
				  document's first page the name and mailing address of the person or persons who
				  may be served with any documents filed in the proceeding.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-40 - Amendment of documents and dismissal

Current through June, 2024
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 document's contents, or is otherwise insufficient, the department, on
					 its own motion, or on motion of any party, may strike the document, or require
					 its amendment. If amended, the document shall be effective as of the date of
					 the original filing.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-41 - Retention of documents by the department

Current through June, 2024
All documents filed with or presented to the department
					 shall be retained in the files of the department, except that the department
					 may permit the withdrawal of original documents upon submission of properly
					 authenticated copies to replace the original documents.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-42 - Filed documents available for public inspection; exceptions

Current through June, 2024
(a) Unless otherwise provided by statute,
				  rule, or order of the department, all information contained in any pleading,
				  submittal, petition, application, charge, statement, recommendation, report,
				  map, exception, brief, memorandum, or other document filed with the department
				  pursuant to the requirements of a statute or rule or order of this department
				  shall be available for inspection by the public after final decision.
(b) Confidential treatment may be requested
				  where authorized by statute. For good cause shown, the presiding officer shall
				  grant such a request.
(c) When
				  permitted or authorized, matters of public record may be inspected in the
				  appropriate offices of the department during regular office hours.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-43 - Appearances before the department

Current through June, 2024
(a) An individual
				  may appear in the individual's own behalf; a general partner may represent a
				  partnership; a bona fide officer or employee of a corporation, trust, or
				  association may represent the corporation, trust, or association; and an
				  officer or employee of a governmental agency may represent that agency in any
				  hearing.
(b) A person may be
				  represented by an attorney or attorneys-at-law qualified to practice before the
				  supreme court of Hawaii in any hearing under these rules.
(c) A person shall not be represented in any
				  hearing except as stated in subsections (a) and (b).
(d) When an individual acting in a
				  representative capacity appears in person before the department, the personal
				  appearance or signature of the individual shall constitute a representation to
				  the department that under the provisions of these rules and the law, the
				  individual is authorized and qualified to represent the particular person on
				  whose behalf the individual acts. The department may at any time require any
				  person acting in a representative capacity to show proof of authority and
				  qualification to act in that capacity.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-44 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the presiding officer
					 may order substitution of parties, except that in case of death of a party,
					 substitution may be ordered without the filing of a motion.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-45 - Consolidation

Current through June, 2024
The presiding 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
					 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 the proceedings.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-46 - Intervention

Current through June, 2024
Applications to intervene in a proceeding shall comply with
					 section 5-1-35 and shall be served upon all
					 parties. Applications for intervention will be granted to persons properly
					 seeking and entitled as of right to be admitted as a party; otherwise, at the
					 discretion of the presiding officer, they may be denied. As a general policy,
					 such applications shall be denied unless the petitioner shows that it has an
					 interest in a question of law or fact involved in the contested
					 matter.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-47 - Prehearing conferences; exchange of exhibits; briefs

Current through June, 2024
(a) The presiding officer may hold or cause
				  to be held prehearing conferences with the parties for the purpose of
				  formulating or simplifying the issues, arranging for the exchange of proposed
				  exhibits or proposed written testimony, setting of schedules, exchanging names
				  of witnesses, limitation of number of witnesses, and such other matters as may
				  expedite orderly conduct and disposition of the proceeding as permitted by
				  law.
(b) The presiding officer may
				  request briefs setting forth the issues, facts, and legal arguments upon which
				  the parties intend to rely and the presiding officer may fix the conditions and
				  time for the filing of briefs and the number of pages. Exhibits may be
				  reproduced in an appendix to a brief. A brief of more than twenty pages shall
				  contain a subject index and table of authorities.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-48 - Motions

Current through June, 2024
(a) All motions other than those made during
				  a hearing shall be made in writing to the presiding officer, shall state the
				  relief sought, and shall be accompanied by an affidavit or memorandum setting
				  forth the grounds upon which they are based. The presiding officer shall set
				  the time for all motions and opposing memorandum, if any.
(b) The moving party shall serve a copy of
				  all motions on all other parties at least forty-eight hours prior to the
				  hearing on the motion and shall file with the presiding officer the original
				  with proof of service.
(c) A
				  memorandum in opposition or a counter affidavit shall be served on all parties
				  not later than twenty-four hours prior to the hearing. The original and proof
				  of service shall be filed with the presiding officer.
(d) Failure to serve or file a memorandum in
				  opposition to a motion or failure to appear at the hearing shall be deemed a
				  waiver of objection to the granting or denial of the motion.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-50 - Subpoena of witnesses before boards

Current through June, 2024
(a) If the
				  contested case is before a board under part II of chapter
				  92, Hawaii Revised Statutes, witnesses
				  may be subpoenaed as set forth below:
(1)
				  Requests for the issuance of subpoenas, requiring the attendance of a witness
				  for the purpose of taking oral testimony before the board shall be in writing,
				  and shall state the reasons why the testimony of the witness is believed to be
				  material and relevant to the issues involved. Only parties or a board member
				  may request the issuance of a subpoena.
(2) Request for the issuance of subpoenas for
				  the production of documents or records shall be in writing, shall specify the
				  particular document or record, or part thereof, desired to be produced, and
				  shall state the reasons why the production of the particular document or record
				  is believed to be material and relevant to the issues involved. Only parties or
				  a board member may request the issuance of a subpoena ducestecum.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-51 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency has a right or is required to
					 take action within the period prescribed or allowed by this chapter, by notice
					 given as prescribed by this chapter or by an order or rule, the presiding
					 officer may (1) before the expiration of the prescribed period, with or without
					 notice, extend such period; or (2) upon motion, permit the act to be done after
					 the expiration of a specified period where the failure to act is reasonably
					 shown to be excusable.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-52 - Service of decisions

Current through June, 2024
All final orders, opinions, or rulings entered by the
					 department in a hearing shall be served upon the parties or persons
					 participating in the hearing by regular mail or personal delivery by the
					 department.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-53 - Correction of transcript

Current through June, 2024
Motions to correct the transcript shall be made within five
					 days after receipt of the transcript and shall be acted upon by the presiding
					 officer.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 4 - PROCEDURES FOR RULEMAKING › Section 5-1-61 - Petitions for adoption, amendment, or repeal of rules

Current through June, 2024
(a) Any interested person or any agency of
				  the state or county government may petition the department for the adoption,
				  amendment, modification, or repeal of any rule which is designed to implement,
				  interpret, or prescribe law, policy, procedure, or practice requirements of the
				  department.
(b) Petitions for
				  rulemaking action shall conform to the requirements of section 5-1-35. The
				  petition shall set forth the text of the proposed rule or amendment desired or
				  specify the rule the repeal of which is desired, state concisely the nature of
				  the petitioner's interest in the subject matter and the reasons for seeking the
				  adoption, amendment, or repeal of the rule, and include any facts, views,
				  arguments, and data deemed relevant by the petitioner. The department may also
				  require the petitioner to serve other persons or governmental agencies known to
				  be interested in the proposed rulemaking. No request for the adoption,
				  amendment, modification, or repeal of a rule that does not conform to the
				  requirements set forth above shall be considered by the department.
(c) A petition for a change of rules shall be
				  given a docket number and shall become a matter of public record upon filing.
				  The department shall within thirty days following the filing of the petition
				  either deny the petition in writing or initiate the rulemaking procedure. No
				  public hearing, oral argument, or other form of proceedings, shall be held
				  directly on any petition, but if the department determines that a petition
				  discloses sufficient reasons in support of the relief requested to justify the
				  institution of a public hearing, the procedures to be followed will be as set
				  forth in sections 5-1-62 to 5-1-64. When the department determines that a
				  petition does not disclose sufficient reasons to justify the institution of a
				  public rulemaking action, or when the petition for a change of rules fails in
				  material respect to comply with the requirements of these rules, the petitioner
				  shall be so notified together with the grounds for such denial, or the
				  department may request additional data and supporting authorities before
				  proceeding on the petition. Failure on the part of the petitioner to furnish
				  data or supporting authorities within the time specified in the request shall
				  be deemed to be a withdrawal of the petition. The provisions of this section
				  shall not operate to prevent the department, on its own motion, from acting on
				  any matter set forth in any petition.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 4 - PROCEDURES FOR RULEMAKING › Section 5-1-62 - Notice of proposed rulemaking

Current through June, 2024
When the department proposes to adopt, amend, or repeal an
					 administrative rule, a notice of the proposed rulemaking action will be
					 published, pursuant to section
					 91-3,
					 Hawaii Revised Statutes, at least once in a newspaper of general circulation in
					 the State and, pursuant to section
					 92-41,
					 Hawaii Revised Statutes, at least once in a newspaper that is printed at least
					 twice weekly in the county affected by the proposed rulemaking action. In
					 addition, notice shall be mailed to all persons who make a timely request for
					 advance notice of a rulemaking hearing.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 4 - PROCEDURES FOR RULEMAKING › Section 5-1-64 - Department action

Current through June, 2024
At the close of the final public hearing, the presiding
					 officer shall announce the decision, or the date when the decision is intended
					 to be made.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 4 - PROCEDURES FOR RULEMAKING › Section 5-1-65 - Emergency rulemaking

Current through June, 2024
Notwithstanding the foregoing rules, if the department
					 finds that an imminent peril to public health, safety, or morals or to
					 livestock and poultry health requires adoption, amendment, or repeal of a rule
					 upon less than thirty days' notice of hearing, and states in writing its reason
					 for such finding, it may proceed without prior notice or hearing or upon such
					 abbreviated notice and hearing as it finds practicable to adopt an emergency
					 rule to be effective for a period not longer than one hundred twenty days
					 without renewal.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 1 - GENERAL PROVISIONS › Section 5-11-1 - Purpose

Current through June, 2024
This chapter is intended to clarify and implement chapter
					 456, Hawaii Revised Statutes (HRS), as amended, to the end that the provisions
					 thereunder, for the protection of the general public, may best be effectuated
					 and the public interest most effectively served.