reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 45.2 - STATE FIR COUNCIL › STATE FIRE CODE › Subchapter 2 - AMENDMENTS TO THE NFPA 1, UFC › Section 12-45.2-143 - Permits and plans

Current through June,
				  2024
Section 66.1.5 is amended to read as follows: "66.1.5
					 Permits and Plans. Permits, where required, shall comply with Section 1.12 and
					 applications for permits shall be submitted with a proposed site
					 plan."
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 45.2 - STATE FIR COUNCIL › STATE FIRE CODE › Subchapter 2 - AMENDMENTS TO THE NFPA 1, UFC › Section 12-45.2-144 - Tanks abandoned in place

Current through June,
				  2024
Section 66.2.5.5.4 is amended to read as follows: "Tanks
					 may be abandoned in place only if a certified structural engineer confirms that
					 the removal of the tank will jeopardize the structural integrity of the
					 existing building. An affidavit attesting to this determination shall be
					 submitted to the AHJ prior to taking abandonment measures. Tanks abandoned in
					 place shall be abandoned as follows:
1. Flammable and combustible liquids shall be
				  removed from the tank and connected piping,
2. The suction, inlet, gage, vapor return and
				  vapor lines shall be disconnected.
3. The tank shall be filled completely with
				  an approved, inert solid material.
4. Remaining underground piping shall be
				  capped or plugged, and
5. A record
				  of tank size, location and date of abandonment shall be retained by the owner
				  and a copy submitted to the AHJ."
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 45.2 - STATE FIR COUNCIL › STATE FIRE CODE › Subchapter 2 - AMENDMENTS TO THE NFPA 1, UFC › Section 12-45.2-145 - Manufacturing plants

Current through June, 2024
Section 70.2.4.1.2.4.1 is deleted in its
					 entirety.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-2 - Purpose

Current through June, 2024
(a) This subchapter sets forth the procedures
				for the administration and enforcement of chapters
				368,
				489,
				515 and part I of chapter
				378, HRS.
These rules shall be liberally construed to accomplish the
				  purposes of these chapters.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-3 - Computation of time

Current through June, 2024
The time in which any act provided by this chapter is to be
				  done is computed by excluding the first day and including the last, unless the
				  last day is a Saturday, Sunday, or holiday and then it is also excluded. As
				  used in this chapter, "holiday" includes any day designated as such pursuant to
				  section
				  8-1,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-4 - General inquiry

Current through June,
				2024
(a) Whenever it
				appears to the commission's executive director that an unlawful discriminatory
				practice may have been committed, the executive director may make an inquiry
				without the filing of a complaint.
(b) The commission's executive director may
				file a complaint whenever the inquiry has revealed an unlawful discriminatory
				practice under chapter
				368 or
				489 or
				515 or part I of chapter
				378, HRS.
(c) The information gathered in the course of
				an inquiry which occurred prior to the filing of a complaint may be used in
				processing the complaint.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-5 - Filing of complaint

Current through June,
				2024
(a) Any person
				claiming to be aggrieved by an alleged unlawful discriminatory practice may
				file a complaint.
(b) The
				commission's executive director may file a complaint whenever there is reason
				to believe that any person, employer, employment agency, or labor organization
				has engaged or is engaging in an unlawful discriminatory practice.
(c) The commission's executive director or
				the attorney general may file a complaint on behalf of a class where an
				unlawful discriminatory practice raises questions of law or fact which are
				common to the class and where a class action complaint is superior to other
				available methods for the fair and efficient adjudication of the controversy. A
				complaint so filed may be investigated, conciliated, and litigated on a class
				basis.
(d) Assistance in drafting
				and filing complaints is available to complainants at the commission's
				offices.
(e) The complaint shall be
				in writing and, where feasible, upon forms furnished by the commission's
				executive director. The complaint shall be signed.
(f) The original and two copies of the
				complaint shall be filed by personal delivery or by mail, addressed to the
				commission.
(g) When the
				complainant is unable to personally deliver or mail a timely complaint, the
				commission may receive a facsimile copy, if legible, of a complaint containing
				the information required by section 12-46-6. Notwithstanding the provisions of
				section 12-46-6(b), complaints are deemed filed on the date of receipt of the
				facsimile copy if the complainant complies with section 12-46-5(f) within seven
				days of the receipt of the facsimile. If the commission does not receive the
				original and two copies of the complaint within seven days, the filing date
				will be the date when the commission received them
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-6 - Contents of complaint

Current through June,
				2024
(a) Each complaint
				shall contain the following:
(1) The full
				name, address, and telephone number (if any) of complainant;
(2) The full name, address, and telephone
				number (if any, and if known) of the respondent or respondents;
(3) A plain and concise statement of the
				facts constituting the alleged unlawful discriminatory practice;
(4) The date or dates on which the alleged
				unlawful discriminatory practice occurred; or if the alleged unlawful
				discriminatory practice is of a continuing nature, the dates between which the
				continuing acts of discrimination are alleged to have occurred; or the dates
				and acts commenced;
(5) If known,
				the approximate number of employees of the employer, or the approximate number
				of members of the labor organization, as the case may be; and
(6) Other information as required by the
				commission's executive director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-6.1 - Amendments

Current through June, 2024
(a) Prior to the commencement of proceedings
				before the hearings examiner, the executive director may permit the parties,
				including the Attorney General and executive director, to amend documents filed
				with the Commission, including a complaint or responsive statement. After
				commencement of proceedings, amendments may be granted by the hearings
				examiner.
(b) An amendment may be
				made:
(1) To cure technical defects or
				omissions; or
(2) To clarify or
				amplify allegations, to add new causes of action or defenses, or add new
				parties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-7 - Service of complaint

Current through June,
				2024
(a) Within ten days
				after a complaint is filed with the commission, or within ten days after the
				commission receives a complaint on deferral from the EEOC, the commission's
				executive director shall serve a copy of the complaint on the respondent by
				certified mail, return receipt requested, or by personal delivery, except when
				it is determined by the executive director that providing a copy of the
				complaint would impede the law enforcement functions of the
				commission.
(b) Where a copy of the
				complaint is not provided, the respondent shall be served with a notice of the
				complaint, including the date, place, and general description of the alleged
				unlawful discriminatory practice, within ten days after filing of the
				complaint.
(c) Providing the
				respondent with a copy of the complaint shall be deemed to impede the law
				enforcement functions of the commission where:
(1) The complaint names more than one
				respondent, unless the respondents are charged jointly; e.g., an employer and a
				union are charged with having signed a collective bargaining agreement which is
				discriminatory; or
(2) The
				complaint names a person or persons whom the commission believes may suffer
				retaliation or may be construed as being confidential informers or potential
				confidential informers;
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-8 - Withdrawal of complaint

Current through June,
				2024
(a) Upon request of
				the complainant, a complaint, or any part thereof, may be withdrawn only if the
				written consent of the commission's executive director is obtained.
(b) When requesting withdrawal of a
				complaint, the complainant shall:
(1) Submit
				the request in writing;
(2) Set
				forth fully the reasons for the request; and
(3) Sign the request.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-9 - Deferral of complaints filed with EEOC

Current through June,
				2024
(a) In accordance
				with section 706(c) of Title VII, complaints received by the EEOC alleging
				unlawful discriminatory practices concurrently regulated by Title VII and
				chapter
				378, HRS, are deferred to the
				commission for a sixty-day period during which time the commission, as a 706
				agency, has the exclusive right to process complaints alleging discrimination
				filed by a person other than a commissioner of the EEOC.
(b) At the expiration of the sixty-day
				period, although the commission retains jurisdiction to process the deferred
				complaint, the EEOC may begin to process the complaint through its own
				procedures.
(c) The commission
				shall follow the same procedures in processing deferrals as it uses in
				processing complaints originally filed with the commission
(d) The commission may waive its right to the
				period of exclusive processing of complaints provided under section 706(c) of
				Title VII with respect to any complaint or category of complaints.
(e) A complaint initially filed with the EEOC
				and deferred to the commission in accordance with section 706(c) of Title VII
				shall be deemed filed with the commission as of the date the complaint was
				received by the EEOC for purposes of the statute of limitations set forth in
				Section
				368-11(c),
				HRS, but shall otherwise but deemed filed with the commission when received by
				the commission.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-10 - Jurisdiction over complaints filed with commission

Current through
				June, 2024
(a)
				Complaints originally received by the commission shall be governed by the
				following procedures unless the commission has entered into an agreement with
				the EEOC that provides otherwise.
(b) When the complaint alleges an unlawful
				discriminatory practice over which the commission and the EEOC have concurrent
				jurisdiction, the commission's executive director shall:
(1) Furnish the appropriate district office
				of EEOC with a copy of the complaint and state whether the commission will
				investigate it or terminate proceedings; and
(2) Notify the complainant that the complaint
				has been filed with EEOC.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-12 - Investigation, fact-finding conference, and discovery

Current
				through June, 2024
(a)
				After the filing of a complaint, the executive director shall investigate the
				charges contained in the complaint. In complaints alleging violations of
				chapter
				515, HRS, investigations shall be
				commenced within thirty days after filing.
(b) As part of its investigation, the
				executive director may require all parties to attend a fact-finding
				conference.
(c) The fact-finding
				conference is primarily for the purposes of:
(1) Ascertaining the positions of the
				parties;
(2) Identifying the issues
				in dispute;
(3) Resolving those
				issues that can be resolved;
(4)
				Obtaining evidence; and
(5)
				Determining the likelihood of a predetermination settlement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-13 - Predetermination settlement

Current through June,
				2024
(a) At any time
				after the filing of a complaint, but prior to the issuance of a determination,
				the executive director may encourage the parties to resolve the complaint
				through a predetermination settlement.
(b) If the complainant and the respondent
				agree to the terms of settlement, the settlement shall be reduced to writing,
				and be signed by the parties and the executive director. If approved, the case
				will be closed without a finding on the merits of the complaint and a copy of
				the final predetermination settlement shall be sent by certified mail, return
				receipt requested, to the complainant and the respondent.
(c) If a predetermination settlement is
				achieved, the terms thereof shall not attribute fault to any of the parties
				involved.
(d) The commission shall
				not subject either party to prejudice as a result of the party's either
				participating or refusing to participate in a predetermination settlement
				attempt.
(e) Participation by the
				respondent in a predetermination settlement attempt will not be construed as
				evidence of a violation of the applicable chapter or part of HRS or a waiver of
				the right to a commission determination on the issues raised by the complaint
				if a settlement cannot be achieved.
(f) A predetermination settlement shall not
				affect the processing of any other complaint, including, but not limited to, a
				commission initiated complaint or a complaint in which the allegations are like
				or related to the individual allegations settled.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-14 - Notice of determination, conference, conciliation, and persuasion

Current through June, 2024
(a) When the executive director finds
				reasonable cause to believe that an unlawful discriminatory practice has
				occurred or is occurring, the commission's executive director shall notify the
				parties of this determination. For complaints alleging violations of chapter
				515, HRS, the executive director shall also notify the parties that an election
				may be made to file a civil action in lieu of an administrative
				hearing.
(b) The executive director
				shall immediately endeavor to eliminate the unlawful discriminatory practice by
				conference, conciliation, and persuasion.
(c) The executive director may require any or
				all parties to attend a conciliation conference for the purpose of attempting
				to informally resolve the matter. The parties shall be notified of time and
				place of the conciliation conference.
(d) Should a respondent fail or refuse to
				confer and otherwise cooperate with the commission's executive director, or
				fail or refuse to make a good faith effort to resolve any dispute, the
				commission's executive director shall terminate efforts to conciliate the
				dispute. In that event, the commission's executive director shall send the
				respondent a demand letter and a proposed conciliation agreement in accordance
				with section 12-46-17.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-15 - Conciliation agreement

Current through June,
				2024
(a) In attempting
				to conciliate a case after a determination of reasonable cause has been made,
				the executive director shall endeavor to achieve a resolution of all violations
				found and to obtain agreement that the respondent shall eliminate the unlawful
				discriminatory practice and provide appropriate relief.
(b) Where conciliation efforts are
				successful, the terms of the conciliation shall be reduced to a written
				agreement which shall be signed by the parties and the executive director;
				provided that, in the judgment of the executive director, the agreement
				provides full and fair relief to the complainant. A copy of the signed
				conciliation agreement shall be sent to the parties.
(c) Where the case has been referred to a
				hearings examiner, the parties shall not enter into a conciliation agreement
				without the approval of the commission's executive director.
(d) Where the complainant has refused to
				accept a proposed conciliation agreement, the commission's executive director
				and the respondent may enter into a conciliation agreement to which the
				complainant is not a party if the agreement does not affect the complainant's
				rights and if, in the commission's executive director's opinion, the agreement
				provides for:
(1) A just resolution of all
				violations found;
(2) The
				elimination of the unlawful discriminatory practice; and
(3) Appropriate affirmative action.
In that event, the commission's executive director shall
				  close the case without the complainant's consent, shall issue a notice of right
				  to sue, and report this action to the commission.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-16 - Compliance review and reports

Current through June,
				2024
(a) Proof of a
				respondent's compliance with the applicable chapter or part of HRS in
				accordance with the terms of the predetermination settlement, conciliation
				agreement, or order shall be obtained by the commission's executive director
				before the case is closed.
(b) In
				order to obtain proof of compliance, the commission's executive director may
				require any party to submit to it reports that the commission deems necessary
				to show the manner of compliance with the terms of the predetermination
				settlement, conciliation agreement, or order.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-17 - Demand letter

Current through June,
				2024
(a) If the
				commission's executive director has been unable to eliminate the alleged
				unlawful discriminatory practice through conference, conciliation, and
				persuasion within one hundred eighty days of the filing of a complaint alleging
				violations of chapters
				368,
				378, or
				489, HRS, or within one hundred days
				of the filing of a complaint alleging violations of chapter
				515, HRS, or within an extended
				period of time granted by the commission, the commission's executive director
				shall terminate conciliation efforts.
(b) The commission's executive director, upon
				termination of conciliation efforts, shall send the respondent:
(1) A letter by certified mail, return
				receipt requested, or by personal service, demanding that the respondent:
(A) Cease and desist from engaging in the
				alleged unlawful discriminatory practices; and
(B) Take appropriate remedial action;
				and
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-18 - Commencement of proceedings before hearings examiner

Current
				through June, 2024
A proceeding shall commence by the appointment of a hearings
				  examiner either fifteen days after service of the final conciliation demand or
				  after the expiration of any continuation of conciliation efforts granted
				  pursuant to section
				  12-46-17. The hearings examiner
				  shall docket the complaint and assign a docket number to the
				  complaint.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-19 - Scheduling conference

Current through June,
				2024
(a) Within thirty
				days after the appointment of the hearings examiner the hearings examiner shall
				order the holding of a scheduling conference. All parties receiving notice of
				the scheduling conference shall attend in person or by counsel and shall be
				prepared to discuss the following subjects:
(1) Anticipated motions, and deadlines as to
				the filing and hearing of motions;
(2) Anticipated discovery;
(3) Further proceedings, including setting
				dates for the prehearing conference and hearing;
(4) Prospects for settlement; and
(5) Any other matters which may be conducive
				to the just, efficient and economical determination of the proceeding,
				including the definition or limitation of issues.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-20 - Notice of right to sue

Current through June,
				2024
(a) A notice of
				right to sue shall authorize:
(1) A
				complainant alleging violations of chapters
				368,
				378, or
				489, HRS, to bring a civil suit
				pursuant to section
				368-12,
				HRS, within ninety days after receipt of the notice;
(2) A complainant alleging violations of
				chapter
				515, HRS, issued such notice before a
				finding of reasonable cause pursuant to section
				515-9(2),
				HRS, to bring a civil suit within ninety days of receipt of the notice or one
				year after the filing of the complaint, whichever is later; or
(3) The executive director to file a civil
				suit within ninety days of the receipt of the notice of right to sue by a party
				filing a timely notice of election to file civil action under subsection (b)(3)
				or one year after the filing of the complaint, whichever is later.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-21 - Record keeping requirements

Current through June,
				2024
(a) Any personnel
				or employment record made or kept by an employer, employment agency, or labor
				organization shall be preserved by the employer for one year from the date of
				the making of the record or the personnel action involved, whichever occurs
				later. The records shall include but not be limited to forms, applications, and
				records having to do with:
(1)
				Hiring;
(2) Promotion;
(3) Demotion;
(4) Layoff or termination;
(5) Rates of pay or other terms of
				compensation;
(6) Labor
				organization membership;
(7)
				Selection for training or apprenticeship; and
(8) Employment referrals.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-22 - Representation by counsel

Current through June,
				2024
A party, at the party's own expense, may be represented by
				  counsel, who may be an attorney, at any stage of the proceeding before the
				  hearings examiner or commission.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-23 - Individual representing party

Current through June,
				2024
When an individual, acting in a representative capacity on
				  behalf of a party, appears in a proceeding or signs a document submitted to the
				  commission or hearings examiner, that personal appearance or signature shall
				  constitute a representation that the individual is lawfully authorized and
				  qualified to so act. The individual at any time, however, may be required by
				  the commission or hearings examiner to furnish proof of authorization and
				  qualification to act in that capacity.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-24 - Substitution of parties

Current through June,
				2024
Upon motion and for good cause shown, substitution of parties
				  may be ordered provided that the substitution shall:
(1) Be conducive to effectuating the ends of
				justice;
(2) Not unduly delay the
				proceeding; and
(3) Not otherwise
				unduly harass, hinder, or prejudice the rights of any party.
Except that in the case of the death or legal incapacity of
				  any party, substitution may be ordered without the necessity of filing a motion
				  therefor.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-25 - Intervention

Current through June, 2024
Upon timely motion and at the discretion of the hearings
				  examiner, the commission's executive director or any person may be permitted to
				  intervene and be admitted as a party in a proceeding before the hearings
				  examiner if the commission or that person has a substantial interest in the
				  outcome of the proceeding and which interest is not protected by the interests
				  of any of the parties, or the intervention shall be conducive to effectuating
				  the ends of justice and to achieving the goals and purposes of the commission;
				  provided that no intervention shall be permitted if the intervention shall
				  unduly delay the proceeding or harass, hinder, or prejudice the rights of any
				  party to the proceeding.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-26 - Consolidation

Current through June, 2024
The hearings examiner, with the approval of the commission,
				  or upon any party's motion timely made and for good cause shown, may
				  consolidate two or more proceedings which involve substantially the same
				  issues, arise out of the same general transaction, or involve the same person
				  or persons, provided the consolidation shall be conducive to the ends of
				  justice and shall not unduly delay the proceedings or hinder, harass, or
				  prejudice any party.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-27 - Format and certification of pleadings

Current through June,
				2024
(a) Petitions,
				motions, and other pleadings shall be typed in twelve point pica or equivalent
				type size upon good quality paper,
				8-1\2 x 11
				inches in size and of at least sixteen weight, except that documentary exhibits
				may be larger, if filed to the size of the pleadings to which they are
				attached.
(b) All copies shall be
				legible on paper
				8-1\2 x 11
				inches in size and of at least sixteen weight. No "wet" type copies shall be
				accepted.
(c) The first page of
				every pleading shall set forth the name, address, and phone number of the
				party, the party's attorney, if any, the title of the particular pleading, the
				docket number, and the name of the proceeding.
(d) All pleadings shall be signed in black
				ink by the party filing the pleadings or by the party's authorized agent. The
				signature shall constitute certification that the person so signing has read
				the pleading and that to the best of the person's knowledge, information, and
				belief, the pleading is true or has good grounds to support it and is not
				submitted for the purpose of hindering, harassing, or delaying any party or
				proceeding.
(e) Unless otherwise
				provided, all pleadings, motions, memoranda, and other documents shall be filed
				with the commission hearings examiner.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-28 - Service, generally

Current through June,
				2024
Unless otherwise provided by this chapter or by other
				  applicable law, whenever service is required to be made on any party to a
				  proceeding before the commission, the service shall be made personally or by
				  first class mail, the document to be served at the party's last known address
				  or to the party's attorney of record or to any other individual representing
				  the party in the proceeding. If personal service or service by mail is
				  unsuccessful the commission or hearings examiner may authorize service by
				  publication if permitted by statute. The commission or hearings examiner may
				  require that personal service be attempted prior to permitting service by
				  publication.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-29 - Service by whom

Current through June, 2024
(a) Unless otherwise provided by this
				chapter, a party filing a pleading, motion, memorandum, document, or other
				paper shall cause a copy of the pleading, motion, memorandum, document, or
				other paper to be served upon each of the other parties to the proceeding, or
				upon any agent or attorney representing the other party. The party shall file a
				certificate of service.
(b) Unless
				otherwise provided by this chapter, the commission shall cause to be served all
				notices, documents, orders, and other papers issued by it or its hearings
				examiner.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-30 - Extensions of time

Current through June, 2024
Unless otherwise provided, the hearings examiner may extend,
				  by not more than ninety days, or as may be extended by the commission for good
				  cause, the time within which any action shall be taken at the request of any
				  party. The hearings examiner may require that the extension be stipulated to by
				  all parties to the proceeding or that the request be by motion for good cause
				  shown as to why the extension should be granted.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-31 - Motions

Current through June, 2024
(a) An application for an order shall be by
				motion which, unless made during a hearing, shall be made in writing, shall
				state with particularity the grounds therefor, and shall set forth the relief
				or order sought.
(b) Motions
				referring to facts not of record shall be supported by affidavits and, if
				involving a question of law, shall be accompanied by a memorandum in
				support.
(c) If a hearing is held
				on the motion, the hearings examiner shall provide notice to be served upon all
				parties not later than seven days before the hearing and the opposing party
				shall file and serve any counter affidavits and memorandum in opposition not
				less than two days before the hearing.
(d) All motions shall be filed with and
				decided by the hearings examiner.
(e) Failure to comply with the requirements
				of this section may be the basis for denial of any motion.
(f) The decision on the motion may be made
				orally at the time of the hearing on the motion, or in writing, or as part of
				the hearings examiner's decision
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-32 - Powers of the hearings examiner in conducting hearing

Current
				through June, 2024
The hearings examiner shall have in addition to powers as are
				  conferred by law, the powers, in conducting a hearing, without
				  limitation:
(1) To hold hearings and
				issue notices;
(2) To administer
				oaths and affirmations;
(3) To
				consolidate hearings or sever proceedings, provided that those actions shall be
				conducive to the ends of justice and shall not unduly delay the proceedings or
				hinder, harass, or prejudice any party;
(4) To allow and supervise discovery as
				deemed reasonable and necessary;
(5) To subpoena and examine
				witnesses;
(6) To issue
				subpoenas;
(7) To rule upon offers
				of proof, to receive relevant evidence, and to exclude evidence which is
				irrelevant, immaterial, repetitious, cumulative, or merely scandalous, and
				accordingly may restrict lines of questioning or testimony;
(8) To regulate the course and conduct of the
				hearing;
(9) To regulate the manner
				of any examination so as to prevent the needless and unreasonable harassment,
				intimidation, or embarrassment of any witness or party at the
				hearing;
(10) To remove disruptive
				individuals, including any party, legal counsel, witness, or
				observer;
(11) To hold conferences,
				including prehearing conferences, before or during the hearing for the
				settlement or simplification of issues;
(12) To rule on motions and to dispose of
				procedural matters;
(13) To certify
				any question to the commission for its consideration and disposition;
(14) To submit in writing any decision
				together with the findings of fact and conclusions of law and a proposed order
				to the commission for its consideration and final disposition;
(15) To dispose of any other matter that
				normally and properly arises in the course of the proceedings and to take any
				action authorized by this chapter, chapter
				91, HRS, or any other related
				laws.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-33 - Subpoenas

Current through June, 2024
(a) The hearings examiner, at the request of
				a party, shall have the power to issue subpoenas requiring the attendance of
				witnesses or the production of documents prior to or at the hearing. The
				hearings examiner may require that any request for the issuance of a subpoena
				identify with particularity, the person to be subpoenaed or the documents
				desired. Witnesses summoned shall be paid the same fees and mileage as are paid
				witnesses in courts in the State and the fees and mileage shall be paid by the
				party or commission at whose instance the subpoena issues.
(b) Upon motion timely made, or without
				suggestion, the hearings examiner may:
(1)
				Quash or modify the subpoena if it is unreasonable and oppressive; or
(2) Condition denial of the motion upon
				advancement by the requesting party of the costs of producing the
				documents.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-34 - Absence of hearings examiner

Current through June,
				2024
When a complaint has been assigned to a hearings examiner for
				  hearing, the powers and duties to be performed by the hearings examiner in
				  connection with the proceeding, without abatement of the proceeding, may be
				  assigned to another hearings examiner, provided no hearings examiner shall
				  render a written decision to the commission unless that hearings examiner was
				  present at all arguments and the presentations of evidence concerning those
				  matters.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-35 - Disqualification of hearings examiner or commissioner

Current through
				June, 2024
(a) No matter
				shall be heard by a hearings examiner or commissioner who:
(1) Has any pecuniary interest in the matter
				being heard;
(2) Is related within
				the third degree by blood or marriage to any party to the proceeding;
(3) Has initiated the complaint of the
				proceeding, has participated in the investigation preceding the institution of
				the proceeding or has participated in the development of the evidence to be
				introduced in the proceeding;
(4)
				Has a personal bias or prejudice concerning a party, or personal knowledge of
				disputed evidentiary facts concerning the proceeding; or
(5) Has served as a lawyer in the matter in
				controversy, or a lawyer with whom the hearing's examiner or commissioner
				previously practiced law, served during such association as a lawyer concerning
				the matter, or such lawyer, hearings examiner, or commissioner has been a
				material witness concerning it.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-36 - Evidence at hearing

Current through June,
				2024
(a) The
				admissibility of evidence at the hearing shall not be governed by the laws of
				evidence, and all relevant oral or documentary evidence shall be admitted if it
				is the sort of evidence on which responsible persons are accustomed to rely in
				the conduct of serious affairs. Irrelevant, immaterial, or unduly repetitious
				material shall not be admitted into evidence. The hearings examiner shall give
				effect to the privileges recognized at law. Documentary evidence may be
				received in the form of copies, provided that, upon request, all other parties
				to the proceeding shall be given an opportunity to compare the copy with the
				original. If the original is not available, a copy may still be admissible, but
				the nonavailability of the original and the reasons therefor shall be
				considered by the hearings examiner when considering the weight of the
				documentary evidence. The hearings examiner may take notice of judicially
				recognizable facts and of generally recognized technical or scientific facts.
				The parties, whenever possible, shall be notified before the hearing of the
				material to be so noticed and shall be afforded an opportunity at the hearing
				to contest the facts so noticed.
(b) Except as otherwise provided by law, the
				burden of proof, including the burden of producing the evidence and the burden
				of persuasion, shall be upon the party initiating the proceeding. Proof of a
				matter shall be by a preponderance of the evidence.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-37 - Decision, generally

Current through June,
				2024
(a) Unless
				otherwise provided, every decision and order issued by the commission or
				hearings examiner shall be in writing or stated in the record. A hearings
				examiner's decision shall be accompanied by separate findings of fact and
				conclusions of law.
(b) The
				commission shall cause a certified copy of the decision and order together with
				the findings of fact and conclusions of law to be transmitted by hand or by
				certified or registered mail, return receipt requested, to each party within a
				reasonable time.
(c) Where notice
				of the hearing has been served by publication and the party so served has
				failed to appear at the hearing, service of the commission's decision is
				complete upon transmission by registered or certified mail, return receipt
				requested, to the party at the party's last known address.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-38 - Motion for reconsideration

Current through June,
				2024
Any party within ten days after receipt of any final order
				  may move the commission to reconsider its final order or decision. The motion
				  shall be filed with the commission and shall state specifically what points of
				  law or fact the hearings examiner or commission has overlooked or misunderstood
				  , or any newly discovered evidence, together with brief arguments on the points
				  raised. No answer or reply to the motion shall be considered unless requested
				  by the commission. Oral argument on the motion shall be with the discretion of
				  the commission. Only one motion for reconsideration may be filed by each party
				  and the filing of the motion shall not operate as a stay of the commission's
				  final order or decision.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-39 - Judicial review

Current through June,
				2024
(a) Any party
				aggrieved by a final decision or order of the commission or by a preliminary
				ruling or order of the commission of such a nature that deferral of review
				pending the entry of a subsequent final order would deprive that party of
				adequate relief is entitled to judicial review in conformance with sections
				91-14
				and
				368-16,
				HRS.
(b) Any party requesting
				judicial review in writing, including any cross appeal, shall notify the
				hearings examiner or commission and all other parties to the proceeding of the
				request within the time permitted for requesting judicial review.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-40 - Ex parte communications

Current through June,
				2024
(a) Because of the
				commission's role as final arbiter and because the commission will not be
				involved in pre-hearing stages, in any proceedings before a hearings examiner
				or the commission:
(1) Neither the
				commission's staff nor any person, either in private or public life, shall
				communicate privately on the merits of the case with any member of the
				commission or with the hearings examiner designated to hear and decide the
				matter unless specifically provided for by law; and
(2) No member of the commission's staff or
				any other government agency who participates in the hearing as a witness or
				counsel shall privately communicate on the merits of the case with any member
				of the commission or with the hearings examiner designated to hear and decide
				the matter, unless specifically provided for by law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-41 - Disclosure

Current through June, 2024
(a) A copy of the investigation report, in
				order to be admitted at hearing, shall be provided to respondent not later than
				seven days prior to the hearing. If a copy of the investigation report is not
				provided to respondent, the report shall not be permitted to be introduced at
				the hearing.
(b) Any party, by
				timely written demand filed with the hearings examiner, and served upon any
				other party, may request of another party to the proceeding, the full
				disclosure of:
(1) The identity of all
				witnesses to be called by the party, including their addresses and phone
				numbers, if known;
(2) The identity
				of all persons, including their addresses and phone numbers, known by the party
				to have material knowledge relevant to the proceeding; and
(3) All documents to be introduced at the
				hearing. The requesting party shall have the right to examine the documents and
				make copies thereof.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-42 - Prehearing conference

Current through June,
				2024
Before the hearing the hearings examiner shall order that a
				  prehearing conference be conducted and attended by all parties to the
				  proceeding, the purpose of which shall be to explore the possibilities of
				  informal satisfaction of the complaint and the simplification of issues. At the
				  prehearing conference the hearings examiner may require all parties to disclose
				  to the other parties the identity of all witnesses to be called, together with
				  their addresses and phone numbers if known, and the documents to be introduced.
				  The hearings examiner may set the time, date, and place of the hearing at the
				  prehearing conference.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-43 - Testimony at hearing

Current through June,
				2024
(a) Testimony
				adduced at the hearing may be electronically recorded and need not be
				transcribed. Unless otherwise provided, the cost of the transcription of the
				electronic recording of the testimony shall be paid by the requesting
				party.
(b) Any party may request
				that all of the testimony adduced at the hearing be taken by a court reporter.
				The request shall be made prior to the date of the hearing and shall be within
				the sole discretion of the hearings examiner to grant or deny. The transcript
				of the proceeding shall constitute the official record of the testimony adduced
				at the hearing, and shall remain in the possession of the hearings examiner or
				commission. The cost of the transcript shall be paid for by the requesting
				party. If a party desires a copy of the transcript for the party's personal
				use, the requesting party shall pay the cost of a copy of that
				transcript.
(c) The hearings
				examiner shall make the electronic recording of the testimony available to the
				parties for use in preparing exceptions to a proposed decision or recommended
				decision.
(d) If judicial review is
				requested, the commission shall cause a transcript of the hearing to be
				prepared if requested as part of the record on appeal. If a party desires a
				copy of the transcript for their personal use, the requesting party shall pay
				the cost of a copy of that transcript.
(e) Unless the commission has been notified
				in writing of a party's request for judicial review within the time permitted
				for requesting the review, the commission, after the time for requesting
				judicial review has passed, may destroy the electronically recorded testimony.
				A transcript need not be prepared unless expressly requested and paid for by
				the requesting party.