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 11-1-28 - Filing of documents

Current through June, 2024
(a) All pleadings,
				  submittals, complaints, petitions, applications, charges, reports, maps,
				  exceptions, briefs, memorandums, and other papers required to be filed in any
				  contested case shall be filed as required in section
				  11-1-4(c), unless
				  otherwise specified, and shall comply with the time limit, if any, set forth in
				  any statute, rule, or order for that filing. The date on which the papers are
				  actually received by the department is the date of filing, unless otherwise
				  provided under subsection (g).
(b)
				  Complaints, notices of violation and orders, and similar documents may be
				  issued by branches of the department in enforcement cases without first filing
				  under subsection (a), but the original document shall be transmitted to the
				  hearings officer after a hearing is requested and the hearings officer is
				  appointed.
(c) All papers filed
				  with the department shall be written in black ink, typewritten, photocopied, or
				  printed, shall be plainly legible, and shall be on strong durable paper, no
				  larger than
				  8-1/2" x 11"
				  in size, except that tables, maps, charts and other documents may be larger,
				  but shall be folded, if possible, to the size of the documents to which they
				  are attached.
(d) All papers must
				  be signed in indelible ink by the party or the party's fully authorized agent
				  or attorney. The signature constitutes a certification that the person has read
				  the document; that to the best of person'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 improper purpose, such
				  as harassment, unnecessary delay, or increase in cost.
(e) Unless otherwise specifically provided by
				  a particular rule or order of the department, an original and one copy of all
				  papers shall be filed. Properly authenticated copies of documents may be
				  received in evidence and attached to papers filed with the
				  department.
(f) The initial
				  document filed by any party in any proceeding shall state on the document's
				  first page the name, mailing address, phone number, and facsimile number of the
				  individual or individuals who may be served with any documents filed in the
				  proceeding. All documents filed afterwards shall contain a certification by the
				  party filing the document that a copy was served on the opposing party. The
				  certification shall contain the name and address of the person served; the
				  method of service (i.e., personal service, U.S. mail, postage prepaid, courier,
				  etc.) the date service was or will be made, and the certification shall be
				  signed by the party making the service. If an attorney represents a party, the
				  document shall be served upon the party's attorney at the attorney's business
				  address.
(g) In a specific case
				  under a hearings officer's jurisdiction, the hearings officer may authorize
				  facsimile or electronic filing and service of documents and may specify the
				  means and effective filing dates. The hearings officer shall require that any
				  facsimile or electronic documents be sufficiently legible and authentic and
				  have a signature equivalent, and the hearings officer may require the
				  contemporaneous or later submission of the original signed paper versions. The
				  hearings officer shall provide that a durable paper record of any facsimile and
				  electronic communications be maintained as needed.
(h) The hearings officer may direct, or upon
				  request, permit ex officio filing of documents at department of health branch
				  and district offices. Any such documents filed ex officio shall be promptly
				  transmitted to the hearings officer by the branch or district office where the
				  original was filed.