HAR 16-601 — RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION (Subchapter 1 to 17)

These rules govern practice and procedure before the public utilities commission, State of Hawaii. They shall be liberally construed to secure the just, speedy, and inexpensive determination of every proceeding. Whenever this chapter is silent on a matter, the commission or heari…

(a) An application for authority to issue stock and stock certificates or bonds, notes, leverage leases, and other evidences of indebtedness payable at periods of more than twelve months after the date thereof shall comply with sections 16-601-15 to 16-601-24 and section 16-601-7…

Notes Haw. Code R. §§ 16-601-102 to 16-601-104 Eff 1/1/2019

(a) An application filed by any public utility, water carrier, motor carrier, or by other person subject to commission jurisdiction to sell, lease, assign, mortgage, or otherwise dispose of or encumber the whole or any part of its property that is necessary or useful in the perfo…

(a) In addition to the requirements in section 16-601-105, if the transaction involves a certificate, permit, or operative right of a water or motor carrier, the application shall show the following data: (1) The territory or points served, the nature of the service, the effect o…

Notes Haw. Code R. §§ 16-601-107 to 16-601-109 Eff 1/1/2019

Applications relating to matters not mentioned in subchapters 7 through 10 shall comply with sections 16-601-15 to 16-601-24 and section 16-601-74 Notes Haw. Code R. § 16-601-110 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-9, 271G-7)…

Except for tariff filings of water carriers and motor carriers that are governed by sections 16-601-93 and 16-601-94, any public utility tariff additions or changes, other than tariff additions or changes which result in an increase in rates, fares, or charges or changes in any c…

The commission may, in its discretion and for good cause shown, allow any rate, fare, charge, classification, schedule, rule, or practice to be established, abandoned, modified, or departed from upon notice less than that provided for in section 16-601-111. Notes Haw. Code R. § 1…

Notes Haw. Code R. §§ 16-601-113 to 16-601-116 Eff 1/1/2019

The presiding officer may require briefs to be submitted and fix the time for filing briefs. Exhibits may be reproduced in an appendix to a brief. A brief of more than twenty pages shall contain a subject index and table of authorities. Notes Haw. Code R. § 16-601-117 [Eff 1/1/20…

(a) The presiding officer may direct or permit oral argument, with the applicant, the complainant, or a respondent opening and concluding the argument. No more than one hour for each side shall be allowed for argument without special leave of the presiding officer. (b) If more th…

A proceeding stands submitted for decision by the commission after the taking of evidence and the filing of any briefs or the presentation of any oral argument as may have been prescribed by the presiding officer. Notes Haw. Code R. § 16-601-119 [Eff 1/1/2019] (Auth: HRS §§ 91-2,…

(a) Any party to a proceeding before the commission may appear in person or may be represented by a partner or by an officer or authorized employee of a corporation, trust, or association. (b) In all proceedings wherein pleadings are filed and a formal hearing is held involving t…

(a) Whenever the commission requests one or more of the parties to draft an order, prehearing order, or proposed decision and order, the party or parties drafting the order, prehearing order, or proposed decision and order shall serve a copy on all other parties, and an opportuni…

All decisions and orders shall be signed by the commissioners who heard and examined the evidence in the proceeding. A commissioner who did not hear and examine all of the evidence may sign only after the requirements set forth in section 91-11, HRS, have been complied with. If a…

The chief clerk shall serve a decision and order of the commission to the parties, participants, or their attorneys in accordance with section 16-601-21. Notes Haw. Code R. § 16-601-122 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-31, 271…

The effective date of the decision and order, unless otherwise specified in the order, is the date it is filed by the chief clerk and recorded in the commission's register. Notes Haw. Code R. § 16-601-123 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2,…

After conclusion of hearings, but before issuance of a decision, a party to the proceeding may serve on all other parties and file with the commission a motion to set aside the submission and reopen the proceeding to take additional evidence. The motion shall specify the facts cl…

Appeals may be taken in the manner and in the time provided by sections 269-16(f), 271-32(e), 271-33, and 271G-24, HRS. Notes Haw. Code R. § 16-601-125 [Eff 1/1/2019] (Auth: HRS §§ 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 269-16, 271-32, 271-33, 271G-24)

Notes Haw. Code R. §§ 16-601-126 to 16-601-128 Eff 1/1/2019

(a) After taking evidence, the hearings officer shall prepare a recommended decision setting forth findings of fact and conclusions of law and the reasons therefor and submit the recommended decision and order to the commission. (b) The record shall include the pleadings, notice …

(a) Any person who signs a pleading, brief, or document, enters an appearance at a hearing, or transacts business with the commission, by that act represents the following: (1) That the person is lawfully authorized and qualified to so act; (2) That the person will comply with th…

(a) Within ten working days after service to the parties of the report of the hearings officer or such additional time as may be allowed by the hearings officer, a party may file with the commission a brief of its exceptions to the report and shall serve a copy of the brief on al…

(a) Within ten working days after being served with the exceptions taken to the hearings officer's report or within such additional time as may be allowed by the hearings officer, a party may file with the commission a brief opposing the exceptions, and shall serve a copy of the …

The commission may, on its own motion or on the request of any party, direct oral argument on the exceptions. Notes Haw. Code R. § 16-601-132 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-9, 271G-7)

If no exceptions are filed, the commission may approve, reverse, or modify the recommendations of the hearings officer. If exceptions are filed, upon the filing of briefs and presentation of any oral argument, the commission may render its decision upon the record or it may reope…

Notes Haw. Code R. §§ 16-601-134 to 16-601-136 Eff 1/1/2019

A motion seeking any change in a decision, order, or requirement of the commission should clearly specify whether the prayer is for reconsideration, rehearing, further hearing, or modification, suspension, vacation, or a combination thereof. The motion shall be filed within ten d…

(a) The filing of a motion for reconsideration or rehearing shall not stay a commission decision and order. However, if a motion for a stay accompanies the motion, the commission shall act on the motion for a stay promptly. If a stay is granted, the stay shall remain in effect un…

When, in a motion filed under this subchapter, a request is made to introduce new evidence, the evidence adduced shall be stated briefly, that evidence must not be cumulative, and an explanation must be given why that evidence was not previously adduced. Notes Haw. Code R. § 16-6…

Any former employee of the commission, as the term "employee* is defined in section 84-3, HRS, shall comply with chapter 84, HRS, before appearing in a representative capacity before the commission. Notes Haw. Code R. § 16-601-14 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 2…

The commission may allow replies to a motion for rehearing or reconsideration or a stay, if it deems those replies desirable or necessary. Notes Haw. Code R. § 16-601-140 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-32, 271G-7)…

A successive motion under this subchapter or section 16-601-124 submitted by the same party or parties and upon substantially the same grounds as a former motion which has been considered or denied by the commission shall not be again considered. Notes Haw. Code R. § 16-601-141 […

Oral argument shall not be allowed on a motion for reconsideration, rehearing, or stay, unless requested by the commission or a commissioner .who concurred in the decision. Notes Haw. Code R. § 16-601-142 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2,…

Notes Haw. Code R. §§ 16-601-143 to 16-601-145 Eff 1/1/2019

(a) The commission may, at any time on its own motion, initiate proceedings to adopt, amend, or repeal any rule of the commission. (b) Any interested person may petition the commission to adopt, amend, or repeal any rule of the commission. Notes Haw. Code R. § 16-601-146 [Eff 1/1…

Petitions for rulemaking shall conform to the requirements of subchapter 2 and shall contain: (1) The name, address, telephone number, and signature of each petitioner; (2) A draft or substance of the proposed rule or amendment or a designation of the provisions proposed to be re…

(a) The commission shall, within thirty days after the filing of a petition for rulemaking, either deny the petition in writing, stating its reason for its denial, or initiate proceedings in accordance with this subchapter and section 91-3, HRS. (b) A petition that fails in any r…

A notice of a public hearing on any proposed adoption, amendment, or repeal of a rule shall include: (1) A statement of the date, time, and place of the public hearing; (2) Reference to the authority under which the adoption, amendment, or repeal of a rule is proposed; and (3) A …

All pleadings, briefs, and other documents required to be filed with the commission shall be filed at the office of the commission within the time limit prescribed by statutes, rules, or by order of the commission. Unless otherwise ordered, the date on which the papers are receiv…

(a)The public hearing for the adoption, amendment, or repeal of rules shall be heard before the commission. The chairperson or, in the absence of the chairperson, another commissioner designated by the chairperson shall preside. The public hearing shall afford all interested pers…

(a) To commence the public hearing, the chief clerk or the commission's counsel shall read or summarize the notice of public hearing and the presiding officer shall outline briefly the procedure to be followed. Statements will then be received with respect to the matters specifie…

Any person may submit written comments, data, views, and arguments within ten days after the close of the last scheduled public hearing date. An original and eight copies shall be submitted to the commission when submitting written comments, recommendations, replies, or exhibits.…

Any person who is a lobbyist as defined under section 97-1, HRS, shall be registered as required under section 97-2, HRS. Notes Haw. Code R. § 16-601-153 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp HRS §§ 91-2, 97-1, 97-2, 269-6, 271-9, 271G-7)

The commission shall consider all statements, views, comments, and documents of record before taking final action in a rulemaking proceeding. Unless otherwise provided by law, any decision rendered pursuant to this subchapter shall not be subject to a motion for reconsideration o…

Notwithstanding the foregoing, if the commission finds that emergency rulemaking is required, it may modify the procedures enumerated above, provided the requirements of sections 91-3 and 91-4, HRS, are complied with. Notes Haw. Code R. § 16-601-155 [Eff 1/1/2019] (Auth: HRS §§ 9…

Notes Haw. Code R. §§ 16-601-156 to 16-601-158 Eff 1/1/2019

On the petition of an interested person, the commission may issue a declaratory order as to the applicability of any statute or any rule or order of the commission. Notes Haw. Code R. § 16-601-159 [Eff ]1/1/2019] (Auth: HRS §§ 91-2, 91-8, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, …

(a) Pleadings, briefs, and other documents shall be typewritten upon paper 8-1/2 x 11 inches in size. Tables, maps, charts, exhibits, or appendices may be larger but shall be folded to that size where practical. The impression shall be double-spaced, except that footnotes and quo…