reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-14 - Reopening of the public comment period

Current through June, 2024
(a)
(1) The director may order the public comment
				  period reopened if the procedures of this subsection could expedite the
				  decisionmaking process. When the public comment period is reopened under this
				  subsection, all persons, including applicants, who believe any condition of a
				  draft permit is inappropriate or that the director's tentative decision to deny
				  an application, terminate a permit, or prepare a draft permit is inappropriate,
				  must submit all reasonably available factual grounds supporting their position,
				  including all supporting materials, by a date, not less than sixty days after
				  public notice under paragraph (a)(2), set by the director. Thereafter, any
				  person may file a written response to the material filed by any other person,
				  by a date, not less than twenty days after the date set for filing of the
				  material, set by the director.
(2)
				  Public notice of any comment period under this subsection shall identify the
				  issues to which the requirements of subsection (a) shall apply.
(3) On his own motion or on the request of
				  any person, the director may direct that the requirements of paragraph (a)(1)
				  shall apply during the initial comment period where it reasonably appears that
				  issuance of the permit will be contested and that applying the requirements of
				  paragraph (a)(1) will substantially expedite the decisionmaking process. The
				  notice of the draft permit shall state whenever this has been done.
(4) A comment period of longer than sixty
				  days will often be necessary in complicated proceedings to give commenters a
				  reasonable opportunity to comply with the requirements of this section.
				  Commenters may request longer comment periods and they shall be granted under
				  section 11-271-10 to the extent they appear necessary.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-15 - Issuance and effective date of permit

Current through June, 2024
(a) After the close
				  of the public comment period under section 11-271-10 on a draft permit, the
				  director shall issue a final permit decision (or a decision to deny a permit
				  for the active life of a hazardous waste management facility or unit under
				  section 11-270-29 ). The director shall notify the applicant and each person
				  who has submitted written comments or requested notice of the final permit
				  decision. The notice of final permit decision shall inform the persons
				  authorized by subsection (c) to request a contested case hearing of the
				  procedures for requesting such a hearing. For the purposes of this section, a
				  final permit decision means a final decision to issue, deny, modify, revoke and
				  reissue, or terminate a permit.
(b)
				  A final permit decision (or a decision to deny a permit for the active life of
				  a hazardous waste management facility or unit under section 11-270-29 ) shall
				  become effective thirty days after the service of notice of the decision
				  unless:
(1) A later effective date is
				  specified in the decision; or
(2) A
				  written request for a contested case hearing is made within thirty days of the
				  date of issuance of the final permit decision by a person authorized by
				  subsection (c) of this section to request a contested case hearing;
				  or
(3) No comments requested a
				  change in the draft permit, in which case the permit shall become effective
				  immediately upon issuance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-17 - Response to comments

Current through June, 2024
(a) At the time
				  that any final permit is issued under section 11-271-15, the director shall
				  issue a response to comments. This response shall:
(1) Specify which provisions, if any, of the
				  draft permit have been changed in the final permit decision, and the reasons
				  for the change; and
(2) Briefly
				  describe and respond to all significant comments on the draft permit raised
				  during the public comment period, or during any hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-18 - Administrative record for final permit

Current through June, 2024
(a) The director
				  shall base final permit decisions under section 11-271-15 on the administrative
				  record defined in this section.
(b)
				  The administrative record for any final permit shall consist of the
				  administrative record for the draft permit and:
(1) All comments received during the public
				  comment period provided under section 11-271-10 (including any extension or
				  reopening under section 11-271-14 );
(2) The tape or transcript of any hearing(s)
				  held under section 11-271-12;
(3)
				  Any written materials submitted at such a hearing;
(4) The response to comments required by
				  section 11-271-17 and any new material placed in the record under that
				  section;
(5) [Reserved];
(6) Other documents contained in the
				  supporting file for the permit; and
(7) The final permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-32 - Public notice requirements at the application stage

Current through June, 2024
(a)
				  Applicability. The requirements of this section shall apply to all applicants
				  seeking initial permits for hazardous waste management units. The requirements
				  of this section shall also apply to applicants seeking renewal of permits for
				  such units under section 11-270-51. The requirements of this section do not
				  apply to permit modifications under section 11-270-42 or permit applications
				  submitted for the sole purpose of conducting post-closure activities or
				  post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(1) The director shall provide public notice
				  as set forth in section 11-271-10(c)(1)(ix), and notice to appropriate units of
				  State and local government as set forth in section 11-271-10(c)(1)(x), that a
				  part B permit application has been submitted to the department and is available
				  for review.
(2) The notice shall be
				  published within a reasonable period of time after the application is received
				  by the director. The notice must include:
(i)
				  The name and telephone number of the applicant's contact person;
(ii) The name and telephone number of the
				  department's contact office, and a mailing address to which information,
				  opinions, and inquiries may be directed throughout the permit review
				  process;
(iii) An address to which
				  people can write in order to be put on the facility mailing list;
(iv) The location where copies of the permit
				  application and any supporting documents can be viewed and copied;
(v) A brief description of the facility and
				  proposed operations, including the address or a map (e.g., a sketched or copied
				  street map) of the facility location on the front page of the notice;
				  and
(vi) The date that the
				  application was submitted.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-33 - Information repository

Current through June, 2024
(a) Applicability.
				  The requirements of this section apply to all applicants seeking permits for
				  hazardous waste management units.
(b) The director may assess the need, on a
				  case-by-case basis, for an information repository. When assessing the need for
				  an information repository, the director shall consider a variety of factors,
				  including: the level of public interest; the type of facility; the presence of
				  an existing repository; and the proximity to the nearest copy of the
				  administrative record. If the director determines, at any time after submittal
				  of a permit application, that there is a need for a repository, then the
				  director shall notify the facility that it must establish and maintain an
				  information repository. (See section 11-270-30(m) for similar provisions
				  relating to the information repository during the life of a permit).
(c) The information repository shall contain
				  all documents, reports, data, and information deemed necessary by the director
				  to fulfill the purposes for which the repository is established. The director
				  shall have the discretion to limit the contents of the repository.
(d) The information repository shall be
				  located and maintained at a site chosen by the facility. If the director finds
				  the site unsuitable for the purposes and persons for which it was established,
				  due to problems with the location, hours of availability, access, or other
				  relevant considerations, then the director shall specify a more appropriate
				  site.
(e) The director shall
				  specify requirements for informing the public about the information repository.
				  At a minimum, the director shall require the facility to provide a written
				  notice about the information repository to all individuals on the facility
				  mailing list.
(f) The facility
				  owner/operator shall be responsible for maintaining and updating the repository
				  with appropriate information throughout a time period specified by the
				  director. The director may close the repository at the director's discretion,
				  based on the factors in subsection (b) of this section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-101 - Scope of these rules

Current through June, 2024
(a) Notwithstanding
				  any other rules to the contrary, the rules in this subchapter govern all
				  contested case hearings conducted under HRS chapter 342J. Any other rules
				  relating to contested case hearings shall not apply to contested case hearings
				  conducted under HRS chapter
				  342J unless expressly incorporated
				  by the rules in this subchapter.
(b) Questions arising at any stage of a
				  contested case proceeding which are not addressed in the rules in this
				  subchapter shall be resolved at the discretion of the hearing
				  officer.
(c) The rules in this
				  subchapter shall not apply to hearings relating to claims arising from chapter
				  11-280 or HRS chapter 92F.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-102 - Use of number and gender

Current through June, 2024
As used in this subchapter, words in the singular also
					 include the plural and words in the masculine gender also include the feminine
					 and vice versa, as the case may require.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-103 - Definitions

Current through June, 2024
(a) The following definitions apply to this
				  subchapter:
"Complainant" means any person authorized to issue a
					 complaint on behalf of the department.
"Complaint" means a written communication, alleging one or
					 more violations of specific provisions of HRS chapter 342J, any rules adopted
					 thereunder, or a permit promulgated thereunder; or stating a final permit
					 decision from which a contested case hearing is requested under paragraph
					 11-271-15(b)(2).
"Consent agreement" means any written document, signed by
					 the parties, containing stipulations or conclusions of fact or law and other
					 terms and conditions acceptable to both complainant and respondent.
"Hearing" means a hearing on the record open to the public
					 and conducted under the rules in this subchapter.
"Party" means any person who participated in a hearing as
					 complainant, respondent, or intervenor.
"Respondent" means any person proceeded against in the
					 complaint.
(b) Terms not
				  defined in this section have the meaning given by chapters 11-260, 11-270,
				  subchapter A of chapter 11-271, and HRS chapter 342J.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-104 - Powers and duties of the hearing officer

Current through June, 2024
(a) The director
				  delegates authority under HRS chapters 342J and 26 and HRS section
				  92-16
				  to the hearing officer to perform the functions assigned to him or her in the
				  rules of this subchapter. Except as provided in subsection (b) of this section,
				  an appeal or motion under this subchapter directed to the director, rather than
				  to the hearing officer, will not be considered. The hearing officer shall
				  conduct a fair and impartial proceeding, assure that the facts are fully
				  elicited, adjudicate all issues, and avoid delay. The hearing officer shall
				  have authority to:
(1) Conduct administrative
				  hearings under the rules of this subchapter;
(2) Rule upon motions, requests, and offers
				  of proof, dispose of procedural requests, and issue all necessary
				  orders;
(3) Administer oaths and
				  take affidavits;
(4) Examine
				  witnesses and receive documentary or other evidence;
(5) For good cause, upon motion or sua
				  sponte, order a party, or an officer or agent thereof, to produce testimony,
				  documents, or other nonprivileged evidence, and failing the production thereof
				  without good cause being shown, draw adverse inferences against that
				  party;
(6) Admit or exclude
				  evidence;
(7) Hear and decide
				  questions of facts, law, or discretion;
(8) Require parties to attend conferences for
				  the settlement or simplification of the issues, or the expedition of the
				  proceedings;
(9) Issue subpoenas
				  authorized by State law; and
(10)
				  Do all other acts and take all measures necessary for the maintenance of order
				  and for the efficient, fair and impartial adjudication of issues arising in
				  proceedings governed by the rules in this subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-105 - Filing, service, and form of pleadings and documents

Current through June, 2024
(a)
				  Filing of pleadings and documents.
(1) The
				  original and one copy of the complaint, and the original of the answer and of
				  all other documents served in the proceeding shall be filed with the hearing
				  officer clerk.
(2) A certificate of
				  service shall accompany each document filed or served. A party filing documents
				  with the hearing officer clerk, after the filing of the answer, shall serve
				  copies thereof upon all other parties and the hearing officer. The hearing
				  officer shall maintain a duplicate file during the course of the
				  proceeding.
(3) When the hearing
				  officer corresponds directly with the parties, the original of the
				  correspondence shall be sent to the hearing officer clerk, a copy shall be
				  maintained by the hearing officer in the duplicate file, and a copy shall be
				  sent to all parties. Parties who correspond directly with the hearing officer
				  shall in addition to serving all other parties send a copy of all such
				  correspondence to the hearing officer clerk. A certificate of service shall
				  accompany each document served under this subsection.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-106 - Filing and service of rulings, orders, and decisions

Current through June, 2024
All rulings, orders, decisions, and other documents issued
					 by the director or hearing officer, as appropriate, shall be filed with the
					 hearing officer clerk. Copies of such rulings, orders, decisions, or other
					 documents shall be served personally, or by certified mail, return receipt
					 requested, upon all parties by the director or the hearing officer, as
					 appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-107 - Computation and extension of time

Current through June, 2024
(a) Computation. In
				  computing any period of time prescribed or allowed by the rules in this
				  subchapter, the day of the event from which the designated period begins to run
				  shall not be included. Saturdays, Sundays, and State holidays shall be
				  included. When a stated time expires on a Saturday, Sunday or State holiday,
				  the stated time period shall be extended to include the next business
				  day.
(b) Extensions of time. The
				  hearing officer may grant an extension of time for the filing of any pleading,
				  document, or motion (1) upon timely motion of a party to the proceeding, for
				  good cause shown, and after consideration of prejudice to other parties, or (2)
				  upon his own motion. Such a motion by a party may only be made after notice to
				  all other parties, unless the movant can show good cause why serving notice is
				  impracticable. The motion shall be filed in advance of the date on which the
				  pleading, document or motion is due to be filed, unless the failure of a party
				  to make timely motion for extension of time was the result of excusable
				  neglect.
(c) Service by mail.
				  Service of the complaint is complete when the return receipt is signed. Service
				  of all other pleadings and documents is complete upon mailing. Where a pleading
				  or document is served by mail, five days shall be added to the time allowed by
				  these rules for the filing of a responsive pleading or document.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-108 - Ex parte discussion of proceeding

Current through June, 2024
At no time after the issuance of the complaint shall the
					 hearing officer discuss ex parte the merits of the proceeding with any
					 interested person outside the department, with any department staff member who
					 performs a prosecutorial or investigative function in such proceeding or a
					 factually related proceeding, or with any representative of such person. Any ex
					 parte memorandum or other communication addressed to the hearing officer during
					 the pendency of the proceeding and relating to the merits thereof, by or on
					 behalf of any party shall be regarded as argument made in the proceeding and
					 shall be served upon all other parties. The other parties shall be given an
					 opportunity to reply to such memorandum or communication.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-109 - Examination of documents filed

Current through June, 2024
(a) Subject to the
				  provisions of law restricting the public disclosure of confidential
				  information, any person may, during department business hours, inspect and copy
				  any document filed in any proceeding. Such documents shall be made available by
				  the hearing officer clerk.
(b) The
				  cost of duplicating documents filed in any proceeding shall be borne by the
				  person seeking copies of such documents. The department may waive this cost in
				  accordance with chapter 11-280.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-110 - Appearances

Current through June, 2024
Any party may appear in person or by counsel or other
					 representative. A partner may appear on behalf of a partnership and an officer
					 may appear on behalf of a corporation. Persons who appear as counsel must
					 conform to the standards of conduct and ethics required of practitioners before
					 the courts of the State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-111 - Intervention

Current through June, 2024
(a) Motion. A motion for leave to intervene
				  in any proceeding conducted under the rules of this subchapter must set forth
				  the grounds for the proposed intervention, the position and interest of the
				  movant and the likely impact that intervention will have on the expeditious
				  progress of the proceeding. Any person already a party to the proceeding may
				  file an answer to a motion to intervene, making specific reference to the
				  factors set forth in the foregoing sentence and subsection (c) of this section,
				  within twenty days after service of the motion for leave to
				  intervene.
(b) When filed. A motion
				  for leave to intervene in a proceeding must ordinarily be filed before the
				  first prehearing conference or, in the absence of a prehearing conference,
				  before the initiation of correspondence under subsection 11-271-119(e), or if
				  there is no such correspondence, prior to the setting of a time and place for a
				  hearing. Any motion filed after that time must include, in addition to the
				  information set forth in subsection (a) of this section, a statement of good
				  cause for the failure to file in a timely manner. The intervenor shall be bound
				  by any agreements, arrangements and other matters previously made in the
				  proceeding.
(c) Disposition. Leave
				  to intervene may be granted only if the movant demonstrates that (1) his
				  presence in the proceeding would not unduly prolong or otherwise prejudice the
				  adjudication of the rights of the original parties; (2) the movant will be
				  specially, personally, and adversely affected by the department's decision; and
				  (3) the interests of the movant are not being adequately represented by the
				  original parties. The intervenor shall become a full party to the proceeding
				  upon the granting of leave to intervene.
(d) Amicus curiae. The motion shall identify
				  the interest of the applicant and shall state the reasons why the proposed
				  amicus brief is desirable. If the motion is granted, the hearing officer shall
				  issue an order setting the time for filing such brief.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-112 - Consolidation and severance

Current through June, 2024
(a) Consolidation.
				  The hearing officer may, by motion or sua sponte, consolidate any or all
				  matters at issue in two or more proceedings docketed under the rules of this
				  subchapter where (1) there exists common parties or common questions of fact or
				  law, (2) consolidation would expedite and simplify consideration of the issues,
				  and (3) consolidation would not adversely affect the rights of parties engaged
				  in otherwise separate proceedings.
(b) Severance. The hearing officer may, by
				  motion or sua sponte, for good cause shown order any proceedings severed with
				  respect to any or all parties or issues.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-114 - Content and amendment of the complaint

Current through June, 2024
(a) Complaint for
				  the assessment of a civil penalty. Each complaint for the assessment of a civil
				  penalty shall include:
(1) A statement
				  reciting the section(s) of HRS chapter 342J authorizing the issuance of the
				  complaint;
(2) Specific reference
				  to each provision of HRS chapter 342J and implementing regulations which
				  respondent is alleged to have violated;
(3) A statement of the factual basis for
				  alleging the violation;
(4) The
				  amount of the civil penalty which is proposed to be assessed;
(5) Notice of respondent's right to request a
				  hearing, unless a request for a hearing has been made.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-115 - Answer to the complaint

Current through June, 2024
(a) General. Where
				  respondent (1) contests any material fact upon which the complaint is based;
				  (2) contends that the order proposed in the complaint is inappropriate; or (3)
				  contends that he is entitled to judgment as a matter of law, he shall file a
				  written answer to the complaint with the hearing officer clerk. Any such answer
				  to the complaint must be filed with the hearing officer clerk within twenty
				  days after service of the complaint.
(b) Contents of the answer. The answer shall
				  clearly and directly admit, deny or explain each of the factual allegations
				  contained in the complaint with regard to which respondent has any knowledge.
				  Where respondent has no knowledge of a particular factual allegation and so
				  states, the allegation is deemed denied. The answer shall also state (1) the
				  circumstances or arguments which are alleged to constitute the grounds of
				  defense, (2) the facts which respondent intends to place at issue, and (3)
				  whether a hearing is requested.
(c)
				  Request for hearing. A hearing upon the issues raised by the complaint and
				  answer shall be held upon request of respondent in the answer, or if a request
				  for a contested case hearing has been made in writing before the filing of the
				  answer.
(d) Failure to admit, deny,
				  or explain. Failure of respondent to admit, deny, or explain any material
				  factual allegation contained in the complaint constitutes an admission of the
				  allegation.
(e) Amendment of the
				  answer. The respondent may amend the answer to the complaint upon motion
				  granted by the hearing officer.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-116 - Motions

Current through June, 2024
(a) General. All motions, except those made
				  orally on the record during a hearing, shall (1) be in writing; (2) state the
				  grounds therefor with particularity; (3) set forth the relief or order sought;
				  and (4) be accompanied by any affidavit, certificate, other evidence, or legal
				  memorandum relied upon. Such motions shall be served as provided by paragraph
				  11-271-105(b) (2).
(b) Response to
				  motions. Response to motions shall be filed with the hearing officer clerk
				  within thirty days after service of the motion. The hearing officer may set a
				  shorter time for response, or make such other orders concerning the disposition
				  of motions as he deems appropriate. The response shall be accompanied by any
				  affidavit, certificate, other evidence, or legal memorandum relied upon. If no
				  response is filed within the designated period, the parties may be deemed to
				  have waived any objection to the granting of the motion.
(c) Oral argument on motions will be
				  permitted where the hearing officer considers it necessary or
				  desirable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-117 - Default order

Current through June, 2024
(a) Default. A party may be found to be in
				  default (1) after motion, upon failure to file a timely answer to the
				  complaint; (2) after motion or sua sponte, upon failure to comply with a
				  prehearing or hearing order of the hearing officer; or (3) after motion or sua
				  sponte, upon failure to appear at a conference or hearing without good cause
				  being shown. No finding of default on the basis of a failure to appear at a
				  hearing shall be made against the respondent unless the complainant presents
				  sufficient evidence to the hearing officer to establish a prima facie case
				  against the respondent. Any motion for a default order shall include a proposed
				  default order and shall be served upon all parties. The alleged defaulting
				  party shall have twenty days from service to reply to the motion. Default by
				  respondent constitutes, for purposes of the pending action only, an admission
				  of all facts alleged in the complaint and a waiver of respondent's right to a
				  hearing on such factual allegations. If the complaint is for the assessment of
				  a civil penalty, the penalty proposed in the complaint shall become due and
				  payable by respondent without further proceedings thirty days after a final
				  order issued upon default. If the complaint is for a department action other
				  than the assessment of a civil penalty, the department action proposed in the
				  complaint shall become effective without further proceedings on the date of
				  service of the default order unless a different effective date is specified by
				  the hearing officer in his final order issued upon default. Default by the
				  complainant shall result in the dismissal of the complaint with
				  prejudice.
(b) Procedures upon
				  default. When the hearing officer finds a default has occurred, he shall issue
				  a default order against the defaulting party. This order shall constitute the
				  final decision, and shall be filed with the hearing officer clerk.
(c) Contents of a default order. A default
				  order shall include findings of fact showing the grounds for the order,
				  conclusions regarding all material issues of law or discretion, the penalty to
				  be assessed, and other terms and conditions, as appropriate.
(d) For good cause shown the hearing officer
				  may set aside a default order.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-118 - Informal settlement; consent agreement and order

Current through June, 2024
(a)
				  Settlement policy. The department encourages settlement of a proceeding at any
				  time if the settlement is consistent with the provisions and objective of HRS
				  chapter
				  342J and applicable regulations. The
				  respondent may confer with complainant concerning settlement at any time after
				  receipt of a complaint. Settlement conferences shall not affect the
				  respondent's obligation to file a timely answer under section
				  11-271-115.
(b) Consent agreement.
				  The parties shall forward a written consent agreement and a proposed consent
				  order to the director whenever settlement or compromise is proposed. The
				  consent agreement shall state that, for the purpose of this proceeding,
				  respondent (1) admits the jurisdictional allegations of the complaint; (2)
				  admits the facts stipulated in the consent agreement or neither admits nor
				  denies specific factual allegations contained in the complaint; and (3)
				  consents to the assessment of a stated civil penalty or to the stated
				  department action, as the case may be. The consent agreement shall include any
				  and all terms of the agreement, and shall be signed by all parties or their
				  duly authorized representatives, and counsel.
(c) Consent order. No settlement or consent
				  agreement shall dispose of any proceeding without a consent order from the
				  director. In preparing such an order, the director may require that the parties
				  to the settlement appear before him to answer inquiries relating to the consent
				  agreement or order.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-119 - Prehearing conference

Current through June, 2024
(a) Purpose of
				  prehearing conference. Unless a conference appears unnecessary, the hearing
				  officer, at any time before the hearing begins, shall direct the parties and
				  their counsel or other representatives to appear at a conference before him to
				  consider:
(1) The settlement of the
				  case;
(2) The simplification of
				  issues and stipulation of facts not in dispute;
(3) The necessity or desirability of
				  amendment to pleadings;
(4) The
				  exchange of exhibits, documents, prepared testimony, and admissions or
				  stipulations of fact which will avoid unnecessary proof;
(5) The limitation of the number of expert or
				  other witnesses;
(6) Settling a
				  time and place for the hearing; and
(7) Any other matters which may expedite the
				  disposition of the proceeding.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-120 - Accelerated decision; decision to dismiss

Current through June, 2024
(a) General. The
				  hearing officer, upon motion of any party or sua sponte, may at any time render
				  an accelerated decision in favor of the complainant or the respondent as to all
				  or any part of the proceeding, without further hearing or upon such limited
				  additional evidence, such as affidavits, as he may require, if no genuine issue
				  of material fact exists and a party is entitled to judgment as a matter of law,
				  as to all or any part of the proceeding. In addition, the hearing officer, upon
				  motion of the respondent, may at any time dismiss an action without further
				  hearing or upon such limited additional evidence as he requires, on the basis
				  of failure to establish a prima facie case or other grounds which show no right
				  to relief on the part of the complainant.
(b) Effect.
(1) If an accelerated decision or a decision
				  to dismiss is issued as to all the issues and claims in the proceeding, the
				  decision constitutes a final decision of the hearing officer, and shall be
				  filed with the hearing officer clerk.
(2) If an accelerated decision or a decision
				  to dismiss is rendered on less than all issues or claims in the proceeding, the
				  hearing officer shall determine what material facts exist without substantial
				  controversy and what material facts remain controverted in good faith. He shall
				  thereupon issue an interlocutory order specifying the facts which appear
				  substantially uncontroverted, and the issues and claims upon which the hearing
				  will proceed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-121 - Scheduling the hearing

Current through June, 2024
(a) When an answer
				  is filed, the hearing officer clerk shall forward copies of the complaint, the
				  answer, any other documents filed thus far in the proceeding, and the case file
				  to the hearing officer.
(b) Notice
				  of hearing. If the respondent requests a hearing in his answer, the hearing
				  officer shall serve upon the parties a notice of hearing setting forth a date,
				  time, and place for the hearing. A copy of the complaint shall be attached to,
				  incorporated, and made a part of the notice of hearing. The hearing officer may
				  issue the notice of hearing at any appropriate time, but not later than twenty
				  days prior to the date set for the hearing.
(c) Postponement of hearing. No request for
				  postponement of a hearing shall be granted except upon motion and for good
				  cause shown.
(d) Location of the
				  hearing. The location of the hearing shall be determined in accordance with the
				  method for determining the location of a prehearing conference under subsection
				  11-271-119(d).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-123 - Objections and offers of proof

Current through June, 2024
(a) Objection. Any
				  objection concerning the conduct of the hearing may be stated orally or in
				  writing during the hearing. The party raising the objection must supply a short
				  statement of its grounds. The ruling by the hearing officer on any objection
				  and the reasons given for it shall be part of the record. An exception to each
				  objection overruled shall be automatic and is not waived by further
				  participation in the hearing.
(b)
				  Offer of proof. Whenever evidence is excluded from the record, the party
				  offering the evidence may make an offer of proof, which shall be included in
				  the record. The offer of proof for excluded oral testimony, documents, or
				  exhibits shall consist of a brief statement describing the nature of the
				  evidence excluded.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-126 - Proposed findings, conclusions, and order

Current through June, 2024
Within thirty days after the conclusion of the hearing, or
					 within such longer time as may be fixed by the hearing officer, any party may
					 submit for the consideration of the hearing officer, proposed findings of fact,
					 conclusions of law, and a proposed order. All submissions shall be in writing,
					 shall be served upon all parties, and shall contain adequate references to the
					 record and authorities relied on.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-127 - Recommendations of the hearing officer and final decision

Current through June, 2024
(a)
				  Filing and contents. The hearing officer shall issue his or her written
				  recommendations to the director as soon as practicable after the period for
				  filing proposed findings of fact, conclusions of law, and proposed order under
				  section 11-271-126 has expired. The hearing officer shall retain a copy of the
				  complaint in the duplicate file. The recommendations shall contain his or her
				  findings of fact, conclusions regarding all material issues of law or
				  discretion, as well as reasons therefor, and, if appropriate, a civil penalty
				  assessment and other terms and conditions. If any party to the proceeding has
				  filed proposed findings of fact, the hearing officer shall incorporate in his
				  or her recommendations a ruling upon each proposed finding so
				  presented.
(b) Amount of civil
				  penalty. If the hearing officer determines that a violation has occurred, the
				  hearing officer shall recommend the dollar amount of the civil penalty to be
				  assessed in the final decision in accordance with any criteria set forth in
				  chapter 342J, HRS relating to the proper amount of a civil penalty, and must
				  consider any civil penalty guidelines of the department. If the hearing officer
				  proposes a penalty different in amount from the penalty recommended to be
				  assessed in the complaint, the hearing officer shall set forth in his or her
				  recommendations the specific reasons for the increase or decrease. The hearing
				  officer shall not raise a penalty from that recommended to be assessed in the
				  complaint if the respondent has defaulted.
(c) Payment of a civil penalty. The
				  respondent shall pay the full amount of the civil penalty assessed in the final
				  decision within thirty days after receipt of the final decision unless
				  otherwise specified in the final decision. Payment shall be made by forwarding
				  to the hearing officer clerk a cashier's check or certified check in the amount
				  of the penalty assessed in the final decision, payable to the "Director of
				  Health, State of Hawaii."
(d) All
				  terms and conditions of a final decision not related to the payment of a civil
				  penalty shall become effective upon service of the final decision, unless a
				  different effective date is specified in the final decision.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-128 - Motion to reopen a hearing

Current through June, 2024
(a) Filing and
				  content. A motion to reopen a hearing to take further evidence must be made no
				  later than twenty days after service of the final decision on the parties and
				  shall (1) state the specific grounds upon which relief is sought, (2) state
				  briefly the nature and purpose of the evidence to be adduced, (3) show that
				  such evidence is not cumulative, and (4) show good cause why such evidence was
				  not adduced at the hearing. The motion shall be made to the hearing officer and
				  filed with the hearing officer clerk.
(b) Disposition of motion to reopen a
				  hearing. Within twenty days following the service of a motion to reopen a
				  hearing, any other party to the proceeding may file with the hearing officer
				  clerk and serve on all other parties an answer thereto. The hearing officer
				  shall announce his intent to grant or deny such motion as soon as practicable
				  thereafter. The conduct of any proceeding which may be required as a result of
				  the granting of any motion allowed in this section shall be governed by the
				  provisions of the applicable sections of the rules of this subchapter. The
				  filing of a motion to reopen a hearing shall automatically stay the running of
				  all time periods specified under the rules in this subchapter until such time
				  as the motion is denied or the reopened hearing is concluded.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter C - DECLARATORY RULINGS › Section 11-271-201 - Declaratory rulings

Current through June, 2024
(a) Any interested
				  person may petition the department for a declaratory order as to the
				  applicability of any statutory provision or of any rule or order of the
				  department.
(b) The petition shall
				  be prepared on a form furnished by the department.
(c) The petition shall contain the following:
(1) The name, address, and telephone number
				  of the petitioner;
(2) A statement
				  of the nature of the petitioner's interest, including reasons for submission of
				  the petition;
(3) A designation of
				  the specific statute, rule, or order in question;
(4) A clear and concise statement of the
				  position or contention of the petitioner;
(5) A memorandum of authorities, containing a
				  full discussion of the reasons, including legal authorities, in support of such
				  position or contention; and
(6) The
				  signature of each petitioner.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter D - APPENDICES › Section 11-271-301 - Appendix

Current through June, 2024
Appendix I of chapter 11-270 entitled "Application for a
					 Hazardous Waste Permit - Part A (January 1990)" is made a part of this
					 chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Section 11-271.1-1 - Incorporation of 40 C.F.R. part 124, subparts A and B

Current through June, 2024
Title 40, part 124, subparts A and B of the Code of Federal
				  Regulations (C.F.R.), published by the Office of the Federal Register, as
				  amended as of July 1, 2020, is made a part of this chapter subject to the
				  substitutions and amendments set forth in sections 11-271.1-2 to 11-271,
				  1-4,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Section 11-271.1-2 - Substitution of state terms and citations for federal terms and citations

Current through June, 2024
(a) The following federal terms are replaced
				by the indicated state terms in all provisions of 40 C.F.R. part 124 , as
				incorporated and amended in this chapter, except as listed in subsection (b):
(1) "Agency", "EPA", and "issuing Regional
				Office" shall be replaced with "State department of health".
(2) "Environmental Appeals Board", and
				"Regional Administrator" shall be replaced with "director".