reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-57 - Public information

Current through June, 2024
(a) Unless
				  otherwise provided by statute, rules, or order of the board, all information
				  contained in any pleading, submittal, petition, application, charge, statement,
				  recommendation, report, map, exception, brief, memorandum, or other document
				  filed with the board shall be available for inspection by the public after a
				  final decision has been issued.
(b)
				  When permitted or authorized by the board, matters of public record may be
				  inspected in the offices of the board during regular office hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 5 - INTERPRETIVE OPINIONS › Section 11-216-58 - Interpretive opinion in board's discretion

Current through June, 2024
Nothing in this chapter shall operate to prevent the board,
					 in its own discretion, from issuing an interpretive opinion to terminate a
					 controversy or to remove uncertainty.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-64 - Scope

Current through June, 2024
(a) Every petition requesting a site specific
				  alternate design shall be reviewed by the facility access unit. A petition
				  requesting the board to hold a proceeding on a site specific alternate design
				  may be submitted directly to the board. Submission of a petition directly to
				  the board does not preclude review by the facility access unit.
(b) The board may on its own motion or by
				  petition of any interested person, hold a review proceeding on a proposed site
				  specific alternate design.
(c)
				  Procedures to be followed by the board shall, unless specifically prescribed in
				  this chapter, be such as in the opinion of the board will best serve the
				  purposes of such proceedings.
(d)
				  Any procedure in a site specific alternate design review proceeding may be
				  modified or waived by stipulation of the parties and informal disposition may
				  be made of any contested matter by stipulation, agreed settlement, consent
				  order, or default.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-65 - Filing of documents

Current through June, 2024
(a) All documents
				  related to a petition for a site specific alternate design shall be filed at
				  the board office during regular work hours" Such papers may be sent by mail,
				  hand-carried to the board, or as set forth in any law, rule or regulation for
				  such filing. The date on which the papers are actually received by the board or
				  at the proceeding shall be deemed to be the date of filing.
(b) All papers filed with the board shall be
				  written in black ink, typewritten, or printed, shall be plainly legible; shall
				  be on strong durable paper, no larger than 8 1/2" x 14" in size, except that
				  tables, maps, charts and other documents may be larger, folded, if possible, to
				  the size of the documents to which they are attached.
(c) All papers must be signed by the party
				  signing the same or the duly authorized agent or attorney. The signature of the
				  person signing the document constitutes a certification that the person has
				  read the document; that to the best of his or her knowledge, information, and
				  belief every statement contained in the instrument is true and no such
				  statements are misleading; and that it is not interposed for delay.
(d) The initial document filed by any person
				  in any proceeding shall state on the first page thereof the name and mailing
				  address of the person or persons who the petitioner desires to be served with
				  any documents filed in the proceeding-
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-66 - Computation of time

Current through June, 2024
(a) Within sixty
				  calendar days after the site specific alternate design petition is filed, the
				  board shall:
(1) File a written ruling
				  denying the petition and stating the board's reason or reasons for the denial,
				  or
(2) Initiate and complete site
				  specific alternate design review proceedings as provided under this chapter
				  within one hundred twenty calendar days from the date of the filing of a
				  completed application. In any event, the board shall send written notification
				  of the board's action to the petitioner.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-67 - Consent of request for site specific alternate design

Current through June, 2024
(a)
				  A request by an aggrieved person or proper party or by an interested agency, or
				  the State or county governments, requesting a site specific alternate design
				  review shall contain concise statements of:
(1) The legal authority under which the
				  proceeding or action is to be held or made,
(2) The site specific alternate design,
				  disagreement, denial, grievance or such matter which is being contested by the
				  applicant,
(3) The basic facts and
				  issues raised, and
(4) The relief
				  requested.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-68 - Notice

Current through June, 2024
(a) No review on a request for a site
				  specific alternate design shall be held until notice has been given to all
				  parties. Unless otherwise provided by law, all parties shall be given written
				  notice of the review at least fifteen calendar days before the
				  proceeding.
(b) Unless otherwise
				  provided by law, if service by written notice is not made because of the
				  refusal to accept service or the board or its agents have been unable to
				  ascertain the address of the party after reasonable and diligent inquiry, the
				  notice of the review proceeding may be given to the party by publication at
				  least once in each of two successive weeks in a newspaper of general
				  circulation. The last published notice shall appear at least fifteen calendar
				  days prior to the date of the scheduled review proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-69 - Commencement

Current through June, 2024
A review on a matter may be commenced by the board or upon
					 the application of any interested person when the processing of such
					 application necessitates such a review.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-70 - Docket

Current through June, 2024
The presiding officer or his or her representative shall
					 maintain a docket of all requested site specific alternate designs and each
					 request shall be assigned a number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-71 - Appearance before the board

Current through June, 2024
(a) Individuals may
				  appear on their own behalf, or an officer or employee of an agency of the State
				  or a political subdivision of the State may represent such agency in any review
				  proceeding before the board.
(b) A
				  person may be represented by or with counsel.
(c) A person shall not be represented in any
				  proceeding except as stated in subsections (a) and (b) of this
				  section.
(d) When an individual
				  acting in a representative capacity appears in person before the board, the
				  personal appearance or signature shall constitute a representation to the board
				  that under the provisions of these rules and the law, that the individual is
				  authorized and qualified to represent the particular person or agency who is
				  represented. The board may at any time require any person acting in a
				  representative capacity to show proof of the authority and qualification to act
				  in such capacity.
(e) No person who
				  has been associated with the board as an officer, employee or counsel thereof
				  shall be permitted to appear before the board in behalf of, or to represent in
				  any manner, any person in connection with any proceeding or matter which was
				  pending before the board at the time the person was associated with the board
				  unless the person first shall have obtained the written consent of the
				  presiding officer upon a verified letter indicating that the person did not
				  give personal consideration to the matter or proceeding as to which consent is
				  sought or gain particular knowledge of the facts thereof during the person's
				  association with the board.
(f) No
				  person appearing before the board in any proceeding or matter shall in relation
				  thereto knowingly accept assistance from any person who would be precluded by
				  this section from appearing before the board in such proceeding or
				  matter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-72 - Substitution of parties

Current through June, 2024
Upon request 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 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-73 - Consolidations

Current through June, 2024
The presiding officer, in his or her own discretion or upon
					 request, may consolidate and contemporaneously consider two or more cases which
					 involve substantially the same parties, or issues which are the same or closely
					 related. Rulings will be site specific, and no requests for general waivers may
					 be considered.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-74 - Intervention

Current through June, 2024
(a) Any person not a party to the action may
				  seek to become a party by filing a request to intervene. The request shall
				  state the grounds upon which the person claims to have an interest in the
				  proceeding- At least ten calendar days before the proceeding, the person shall
				  file the request with the board and shall serve the request upon all parties or
				  their attorneys.
(b) The presiding
				  officer may permit intervention if he or she determines:
(1) That the person seeking to become a party
				  shows that the party has an interest in a question of law or fact involved in
				  the matter or has a property or financial interest that may not be adequately
				  represented by existing parties; and
(2) That intervention will not unduly broaden
				  the issues or delay the site specific alternate design review
				  process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-75 - Amendment of documents and dismissal

Current through June, 2024
If any document initiating, or filed in, a proceeding is
					 not in substantial conformity with the applicable rules or regulations of the
					 board as to the contents thereof, or is otherwise insufficient, the board, in
					 its discretion, or upon the request of any party, may strike or dismiss such
					 document, or require its amendment. If amended, the 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 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-76 - Continuances or extension of time

Current through June, 2024
All site specific alternate design review proceedings shall
					 be held at the time and place as set forth in the notice of proceeding, he
					 presiding officer may continue the proceeding from day to day or adjourn to a
					 later date or to a different place without further notice, provided such an
					 announcement thereof is made at the proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-77 - Decision

Current through June, 2024
All final orders, opinions, or rulings entered by the board
					 in a review proceeding shall be served upon the parties or persons
					 participating in the proceeding by mailing a copy of the decision and orders
					 and accompanying findings and conclusions within a reasonable time to each
					 party or the attorney of record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-78 - Retention of documents by the board

Current through June, 2024
Document retention shall be in accordance with section
					 11-216-56.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 6 - PROCEDURE FOR SITE SPECIFIC ALTERNATE DESIGN › Section 11-216-79 - Public information

Current through June, 2024
(a) Unless
				  otherwise provided for by statute, these rules, or order of the board, all
				  information contained in any pleading, submittal, petition, application,
				  charge, statement, recommendation, report, map, exception, brief, memorandum or
				  other document filed with the board shall be available for inspection by the
				  public after a final decision has been issued.
(b) When permitted or authorized by the
				  board, matters of public record may be inspected in the offices of the board in
				  Honolulu during regular office hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-85 - Notice of proposed guidelines for design specifications

Current through June, 2024
(a)
				  When the board proposes to issue, amend, or repeal a guideline for a design
				  specification which is not covered in the Americans with Disabilities Act
				  Accessibility Guidelines, Title 36 Code of Federal Regulations Part 1191, or
				  the Fair Housing Amendments Act Accessibility Guidelines, Title 24 Code of
				  Federal Regulations Part 100, Subpart D, a notice of proposed action will be
				  published at least once in a newspaper which is printed and issued at least
				  twice weekly in the county affected by the proposed action at least twenty
				  calendar days prior to the date of the proceeding. Notice shall be mailed to
				  all persons who make a timely request for advance notice of such
				  proceeding.
(b) A notice of the
				  proposed issuance, amendment, or repeal of a design specification will include:
(1) A statement of the date, time, and place
				  where the proceeding shall be held.
(2) Reference to the authority under which
				  the issuance, amendment, or repeal of a design specification is
				  proposed.
(3) A statement of the
				  substance of the proposed action.
(4) Docket number specifically assigned to
				  the proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-86 - Further notice of proceeding

Current through June, 2024
For any issuance of new guidelines where the board deems it
					 warranted, an additional notice of the proceeding will be issued by publication
					 thereof in a newspaper of general circulation in the State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-87 - Presiding officer

Current through June, 2024
Each proceeding shall be presided over by the chair of the
					 board or his or her designee. The proceeding shall be conducted to afford all
					 interested persons a reasonable opportunity to be heard on matters relevant to
					 the issues involved and to obtain a clear and orderly record. The presiding
					 officer shall have authority to take all actions necessary to the orderly
					 conduct of the proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-88 - Appearance before the board

Current through June, 2024
At the commencement of the proceeding, the presiding
					 officer shall read the notice of proceeding and shall then outline briefly the
					 procedure to be followed. Testimony shall then be received with respect to the
					 matters specified in the notice of the proceeding as the presiding officer
					 shall prescribe.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-89 - Submission of testimony

Current through June, 2024
All interested persons shall be given reasonable
					 opportunity to offer testimony with respect to the matters specified in the
					 notice. Every witness shall, before proceeding to testify, state his or her
					 name, address, and whom he or she represents at the proceeding, and shall give
					 such other information respecting his or her appearance as the presiding
					 officer may request. The presiding officer shall confine the testimony to the
					 issues before the board. Every witness shall be subject to questioning by the
					 presiding officer and members of the board. Cross-examination by private
					 persons shall not be permitted except upon the approval of the presiding
					 officer.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-90 - Oral and written presentation at such proceeding

Current through June, 2024
All interested persons or agencies of the State or
					 political subdivisions of the State will be afforded an opportunity to submit
					 data, views or arguments, which are relevant to the issues. In addition, or in
					 lieu thereof, persons or agencies may also file with the board within five
					 calendar days following the close of the proceeding other comments or
					 recommendations in support of or in opposition to the proposed action. The
					 period for filing written comments or recommendations may be extended by the
					 presiding officer for good cause.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-91 - Transcript of testimony

Current through June, 2024
Unless otherwise specifically ordered by the presiding
					 officer, testimony given at a design specification proceeding shall not be
					 reported verbatim. All supporting written statements, maps, charts, tabulations
					 or similar data presented at the proceeding, and which are deemed to be
					 authentic and relevant by the presiding officer, shall be accepted by the board
					 and made a part of the record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-92 - Continuance of proceedings

Current through June, 2024
All design specification proceedings shall be held at the
					 time and place as set forth in the notice of the proceeding. The presiding
					 officer may continue the proceeding from day to day or adjourn to a later date
					 or to a different place without further notice, provided such an announcement
					 is made at the original proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 7 - PROCEDURE TO ESTABLISH GUIDELINES FOR DESIGN SPECIFICATIONS › Section 11-216-93 - Emergency design specifications

Current through June, 2024
Notwithstanding the foregoing rules, if the board finds
					 that an imminent peril to public health or safety requires adoption, amendment,
					 or repeal of a design specification upon less than twenty calendar days notice
					 of a proceeding, and states in writing its reason for such finding, it may
					 proceed without prior notice or proceeding or upon such abbreviated notice and
					 proceeding as it finds practicable to adopt an emergency design specification
					 to be effective for a period not longer than one hundred twenty calendar days
					 without renewal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-99 - Scope

Current through June, 2024
Any interested person may file a petition requesting the
					 board to adopt, amend, or repeal any design specification.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-100 - Form of petition

Current through June, 2024
The petition requesting an adoption, amendment, or repeal
					 of any design specification shall be 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) A draft or substance of the proposed
				  design specification, or amendment, or designation of the design specification
				  sought to be repealed.
(5) A
				  statement of the reason or reasons in support of the proposed design
				  specification, 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 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-101 - Filing of petition

Current through June, 2024
The petitioner shall file the petition requesting the board
					 to adopt, amend, or repeal any design specification to the board's
					 office.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-102 - Computation of time

Current through June, 2024
(a) Within sixty
				  calendar days after the petition is filed, the board shall:
(1) File a written ruling denying the
				  petition and stating the board's reason or reasons for the denial,
(2) Initiate proceedings as provided under
				  this chapter, or
(3) Notify the
				  petitioner of action to extend to allow time for full consideration.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-103 - Review by facility access unit

Current through June, 2024
Every petition requesting the adoption, amendment, or
					 repeal of any design specification shall be reviewed by the facility access
					 unit. A petition requesting the adoption, amendment, or repeal of any design
					 specification may be submitted directly to the board. Submission of a petition
					 directly to the board does not preclude review by the facility access
					 unit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-104 - Dismissal of petition

Current through June, 2024
The board may dismiss any petition which requests the
					 adoption, amendment, or repeal of any design specification if the petition
					 fails to comply with the requirements of §
										11-216-100 of these
					 rules.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-105 - Written notice of petition

Current through June, 2024
At the board's discretion and upon written notice to the
					 petitioner, the board may provide written notification of the petition
					 requesting the board to adopt, amend, or repeal any design specification to any
					 person or persons for review and recommendations on the
					 petition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-106 - Commencement

Current through June, 2024
A proceeding may be commenced by the board in its own
					 discretion or upon the application of any interested person when the processing
					 of such application necessitates such a proceeding-
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-107 - Docket

Current through June, 2024
The presiding officer or his or her designee shall maintain
					 a docket of all requested actions for adoption, amendment, or repeal of any
					 design specification and each request shall be assigned a
					 number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-108 - Appearance before the board

Current through June, 2024
(a) An individual
				  may appear in their own behalf, and an officer or employee of any agency of the
				  State or a political subdivision of the State may represent such agency in any
				  proceeding before the board.
(b) A
				  person may be represented by or with counsel in any proceeding under these
				  rules.
(c) A person shall not be
				  represented in any proceeding except as stated in subsections (a) and (b) of
				  this section.
(d) When an
				  individual acting in a representative capacity appears in person before the
				  board, the personal appearance or signature shall constitute a representation
				  to the board that under the provisions of these rules and the law, that the
				  individual is authorized and qualified to represent the particular person or
				  agency who is represented. The board may at any time require any person acting
				  in a representative capacity to show proof of the authority and qualification
				  to act in such capacity.
(e) Ho
				  person who has been associated with the board as an officer, employee, or
				  counsel thereof shall be permitted to appear before the board in behalf of, or
				  to represent in any manner, any person in connection with any proceeding or
				  matter which was pending before the board at the time the person was associated
				  with the board unless the person first have obtained the written consent of the
				  presiding officer upon a verified showing that the person did not give personal
				  consideration to the matter or proceeding as to which consent is sought or gain
				  particular knowledge of the facts thereof during the person's association with
				  the board.
(f) No person appearing
				  before the board in any proceeding or matter shall in relation thereto
				  knowingly accept assistance from any person who would be precluded by this
				  section from appearing before the board in such proceeding or matter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-109 - Substitution of parties

Current through June, 2024
Upon request 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 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-110 - Consolidations

Current through June, 2024
The presiding officer, in his or her own discretion or upon
					 request, may consolidate and contemporaneously consider two or more cases which
					 involve substantially the same parties, or issues which are the same or closely
					 related, if he or she finds that such consolidation or contemporaneous
					 proceeding will be conducive to the proper dispatch of the board's business and
					 to the ends of justice and will not unduly delay the
					 proceedings,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-111 - Intervention

Current through June, 2024
(a) Any person not a party to the action may
				  seek to become a party by filing a request to intervene. The request shall
				  state the grounds upon which the person claims to have an interest in the
				  proceeding. At least ten calendar days before the proceeding, the person shall
				  file the motion with the board, and shall serve the request upon all parties or
				  their attorneys.
(b) The presiding
				  officer may permit intervention if he or she determines:
(1) That the person seeking to become a party
				  shows that the party has an interest in a question of law or fact involved in
				  the matter or has a property or financial interest that may not be adequately
				  represented by existing parties; and
(2) That intervention will not unduly broaden
				  the issues or delay the proceedings.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-112 - Amendment of documents and dismissal

Current through June, 2024
If any document initiating, or filed in, a proceeding is
					 not in substantial conformity with the applicable rules or regulations of the
					 board as to the contents thereof, or is otherwise insufficient, the board, in
					 its discretion, or upon the request of any party, may strike or dismiss such
					 document, or require its amendment. If amended, the 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 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-113 - Continuances or extension of time

Current through June, 2024
All design specification proceedings shall be held at the
					 time and place set in the notice of proceeding; however, the presiding officer
					 may at such time and place continue the proceeding from day to day or adjourn
					 the proceeding to a later day or to a different place without notice other than
					 the announcement thereof at the proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-114 - Decision

Current through June, 2024
All final, orders, opinions, or rulings entered by the
					 board in a design specification proceeding shall be served upon the parties or
					 persons participating in the proceeding by mailing a copy of the decision and
					 orders and accompanying findings and conclusions within a reasonable time to
					 each party or to the attorney of record.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-115 - Retention of documents by the board

Current through June, 2024
Document retention shall be in accordance with section
					 11-216-56.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 216 - DISABILITY AND COMMUNICATION ACCESS BOARD RULES OF PRACTICE AND PROCEDURES › Subchapter 8 - PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF DESIGN SPECIFICATIONS › Section 11-216-116 - Public information

Current through June, 2024
(a) Unless
				  otherwise provided by statute, rule or order of the board, all information
				  contained in any pleading, submittal, petition, application, charge, statement,
				  recommendation, report, map, exception, brief, memorandum, or other document
				  filed with the board shall be available for inspection by the public after a
				  final decision has been issued.
(b)
				  When permitted or authorized by the board, matters of public record may be
				  inspected in the offices of the board during regular office hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-1 - Purpose and scope

Current through June, 2024
The purpose of these rules is to establish guidelines for the
				  use of communication access services by persons who are deaf, hard of hearing,
				  or deaf-blind for effective communication in programs and activities of state
				  departments and agencies. The optimal situation is one in which the state
				  program or activity is able to communicate directly with the person who is
				  deaf, hard of hearing, or deaf-blind. When direct communication is not
				  possible, this chapter provides guidelines for hiring communication access
				  providers.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-2 - Interpretation

Current through June, 2024
If any provision of these rules is inconsistent with
				  requirements of the Americans with Disabilities Act of 1990,
				  Public
				  Law 101-336, as amended, and Section 504 of the
				  Federal Rehabilitation Act of 1973, Public Law 93-112, as amended, the
				  provision shall be construed to be superseded or governed thereby. These rules
				  shall be construed liberally and consistent with the purpose stated in section
				  11-218-1.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-3.5 - Rights of consumers to communication access services

Current through June, 2024
Any person who is deaf, hard of hearing, or deaf-blind; or
				  any hearing consumer; as provided in section 11-218-3; shall be provided
				  communication access services when necessary to provide effective communication
				  in any program or activity of a state agency Persons who are deaf, hard of
				  hearing, or deaf-blind who request communication access services for any
				  program or activity may identify and request their preferred providers The
				  requirement for a certified or credentialed provider may be waived if the
				  person who is deaf, hard of hearing, or deaf-blind indicates a preference for
				  someone who does not have a credential or certification The state agency shall
				  document instances when a person requests a provider that does not have a
				  credential or certification.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-4 - Credentials of providers

Current through June, 2024
(a) The credentials
				of providers shall be based on the level and specialization determined by the
				national organizations or state screening agency which provide the credentials
				listed in section 11-218-3. The board shall review criteria of the credentials
				awarded by national organizations and the state screening agency with input
				from the community. Documentation of completion of sign language courses or
				interpreter training programs shall not be substituted for credentials listed
				in section 11-218-3.
(b) Currently
				there are no known national or state organizations that award credentials for
				computer-assisted notetakers. It is recommended that state agencies hire
				persons who meet the following characteristics to provide computer-assisted
				notetaking services: ability to organize and summarize information; ability to
				type at least sixty words per minute; familiarity with the subject being
				discussed; experience working with persons who are deaf, hard of hearing, or
				deaf-blind; working knowledge of laptop computers and word processing software;
				and good auditory, verbal, and spelling skills.
(c) The validity of credentials shall be
				based on criteria for maintenance of credentials established by the appropriate
				national or state organizations that issue credentials as referenced in section
				11-218-3. Providers shall furnish, upon request, documentation of credentials
				to the state agency when communication access services are contracted.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-5.1 - Fee schedule guidelines

Current through June, 2024
(a) The board shall
				issue a recommended fee schedule to guide state agencies in determining the
				cost of hiring communication access service providers. The recommended fee
				schedule may include recommendations for mileage, travel, cancellation, and
				other allowable provider fees. The guidelines shall be advisory only and state
				agencies may negotiate fees with the providers.
(b) In developing the recommended fee
				schedule, the board shall seek advice from consumers, providers, and state
				agencies.
(c) The board shall
				publish the recommended fee schedule on the board's website.
(d) The recommended fee schedule shall be
				reviewed periodically and may be amended as needed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-6 - Cancellation of services

Current through June, 2024
(a) State agencies
				shall follow the cancellation policies and procedures of a referral agency when
				contracting for the services of a communication access provider. State agencies
				are encouraged to review such policies and procedures prior to contracting with
				a referral agency.
(b) When a state
				agency contracts with a provider without the use of an interpreter referral
				agency, the state agency is responsible to confirm the cancellation fee
				policies and procedures with the provider at the same time the communication
				access service fees are confirmed. If a provider does not have cancellation fee
				policies and procedures, it is recommended that the state agency and provider
				follow the cancellation fee guidelines that accompany the recommended fee
				schedule issued pursuant to §11-218-5.1.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-8 - Provision of services

Current through June, 2024
(a) Any person who
				is deaf, hard of hearing, or deaf-blind shall inform a state agency of the need
				for communication access services, allowing reasonable time to hire
				providers.
(b) A state agency shall
				hire the preferred qualified providers of the person who is deaf, hard of
				hearing, or deaf-blind to provide effective communication when possible. If no
				preference is stated, providers with the highest level of credentials shall be
				hired first, followed by providers with lesser levels of credentials.
(c) A state agency shall acquire the services
				of a provider or providers with the appropriate credentials when necessary for
				a person who is deaf, hard of hearing, or deaf-blind to effectively participate
				in an activity or program of that agency.
(d) For assignments of continuous work {for
				example, a workshop or meeting}, the state agency shall request a minimum of
				two providers to actively and alternately work for the total time of the
				assignment.
(e) If only one
				provider is available and hired for an assignment with continuous work of more
				than one and one-half hours in length, the state agency shall ensure that the
				provider is given breaks as necessary or as negotiated prior to the
				assignment.
(f) If a person who is
				deaf, hard of hearing, or deaf-blind cannot benefit from conventional
				communication access services, then additional providers, including a provider
				who is deaf, hard of hearing, or deaf-blind, shall be used to relay information
				between the consumer and the hearing provider to achieve effective
				communication.
(g) A qualified
				sign language interpreter is an interpreter who is able to interpret
				effectively, accurately, and impartially, both receptively and expressively,
				using any necessary specialized vocabulary.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 218 - COMMUNICATION ACCESS SERVICES FOR PERSONS WHO ARE DEAF, HARD OF HEARING, AND DEAF-BLIND › Section 11-218-9.5 - Code of ethics

Current through June, 2024
Services of a Hawaii state credentialed interpreter shall be
				  rendered in a manner consistent with Appendix B" Services of a nationally
				  credentialed interpreter or other communication access provider shall be
				  rendered in a manner consistent with their respective certification's code of
				  ethics.