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

The commission may, on its own motion or upon request and without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. Notes Haw. Code R. § 16-601-160 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 91-8, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-8, 26…

A petition for declaratory order must conform to the requirements of subchapter 2 and contain the following: (1) The name, address, signature, and telephone number of each petitioner; (2) A designation of the statutory provision, rule, or order in question, together with a statem…

(a) Within forty-five days after the submission of a petition for declaratory ruling, the commission shall: (1) Deny the petition in writing, stating the reasons for that denial; (2) Issue a declaratory order on the matters contained in the petition; or (3) Set the matter for hea…

The commission may, without notice or hearing, dismiss a petition for declaratory ruling that fails to comply with the requirements of this subchapter. Notes Haw. Code R. § 16-601-163 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 91-8, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 91-8, 269-6, 2…

The commission may, for good cause, deny the petition or refuse to issue a declaratory order by giving specific reasons for that determination. Without limiting the generality of the foregoing, the commission may so refuse where: (1) The question is speculative or purely hypothet…

Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing will be held, the commission may order a hearing. Any petitioner or party in interest who requests a hearing shall state the reasons why a hearing is necessary and, to the extent …

An order disposing of a petition for a declaratory order applies only to the factual situation described in the petition or if, a hearing is held, as set forth in the decision and order. Notes Haw. Code R. § 16-601-166 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 91-8, 269-6, 271G-7) (Imp:…

Notes Haw. Code R. §§ 16-601-167 to 16-601-169 Eff 1/1/2019

Applications, complaints, and other pleadings that initiate a proceeding and amendments to any application, complaint, or other pleading shall be verified by at least one applicant or complainant. Answers, if any, shall be verified by at least one of the respondents filing the sa…

The forms, attached as Appendices A to F at the end of this chapter and made a part hereof, are merely illustrative as to general form. The content of particular pleadings will vary, depending upon the subject matter and applicable procedural requirements. (1) Appendix A, entitle…

Unless otherwise required by this chapter or the commission, each party shall file with the commission an original and eight copies of each application, complaint, or other pleading and any amendment to an application, complaint, or other pleading and serve two copies on the cons…

Any application filed with the commission, which is not in compliance with these rules, commission orders, other applicable rules, or statutes shall be accepted by the chief clerk and filed. The mere fact of filing shall not waive any failure to comply with this chapter or any ot…

As used in this chapter, except as otherwise required by context: "Administrative director" means the person appointed by the chairperson to be the administrative head of the commission staff. "Agency hearing" or "hearing" has the same meaning as in section 91-1(6), HRS. "Applica…

Any pleading may be amended at any time before service of a responsive pleading. Notes Haw. Code R. § 16-601-20 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7] (Imp: HRS §§ 91-2, 269-6, 271-31, 271G-23)

(a) The commission shall cause the chief clerk to serve all decisions, orders, notices, and other documents issued by it, together with any other documents, that it is required by law to serve. All other documents shall be served by the parties filing them. (b) The commission or …

In computing any period of time specified under this chapter, in a notice, or in any order or rule of the commission, the day of the act, event, or default shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or holiday …

(a) When by this chapter or by notice or by order of the commission, any act is required or allowed to be done at or within a specified time, the commission for good cause shown may at any time, in its discretion:(1) With or without motion or notice, order the period enlarged, if…

The following filing fees shall be paid to the chief clerk when any of the following is filed: (1) Public utilities, water carriers (property and passenger): (A) Application or petition (excluding tariff filings, short notice filings, notices of increase, or filings for approval …

Notes Haw. Code R. §§ 16-601-25 to 16-601-27 Eff 1/1/2019

A commissioner or hearings officer shall be disqualified from participating in any proceeding where such participation would be a violation of the conflict of interest provisions of section 84-14, HRS. A commissioner or hearings officer shall disclose before the commencement of a…

(a) No person, whether or not a party to or participant in an agency hearing, shall consult or communicate with any commissioner or hearings officer or any member of the commission staff on any issue of fact in a contested case proceeding before the commission, except as otherwis…

(a) The office of the commission is at 465 South King Street, Honolulu, Hawaii 96813. All communications to the commission shall be sent to this address unless otherwise directed. (b) The office of the commission shall be open from 7:45 a.m. to 4:30 p.m. daily, except Saturdays, …

Notice of hearings shall be as follows: (1) In rate increase proceedings for electric, gas, water, telephone, sewage and other utilities, notice of the public hearing, with the purpose of the hearing, shall be given as provided in sections 92-41, 269-12, and 269-16, HRS. (2) For …

(a) Except as otherwise provided in this section, in all hearings before the commission the applicant, complainant, or movant shall open and close. Interveners, respondents, and participants shall be heard in the order the presiding officer directs. (b) When a tariff, not involvi…

Unless otherwise allowed by the presiding officer, only one of the attorneys for each party that is represented by more than one attorney shall be permitted to conduct the direct examination of a witness; cross-examine a witness; state and argue an objection or motion; and make o…

Each party has the right to conduct such cross-examination of the adverse party's witnesses as may be required for a full and true disclosure of the facts and has the right to submit rebuttal evidence. Notes Haw. Code R. § 16-601-33 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9…

To avoid unnecessary or unduly repetitious evidence, the presiding officer may limit the number of witnesses or the time for testimony upon a particular issue. Notes Haw. Code R. § 16-601-34 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-10, 269-6, 271-9…

With the approval of the commission, any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. Notes Haw. Code R. § 16-601-35 […

In any proceeding, the commission or hearings officer, on its own initiative or at the request of the parties, may convene a prehearing conference to consider: (1) Simplification of issues; (2) Necessity or desirability of amendments to pleadings; (3) Possibility of obtaining adm…

(a) Where a prehearing conference is held, the commission or hearings officer shall enter a prehearing order which recites the action taken at the conference, including: (1) The amendments allowed to the pleadings; (2) The agreements made by the parties as to any of the matters c…

(a) Any party may request the issuance of a subpoena requiring the attendance of a witness to testify before the commission. The request shall be in writing and shall state the reasons why the testimony of the witness is material and relevant to the issues in the proceeding. (b) …

The commission, upon its own initiative or upon motion, may consolidate for hearing two or more proceedings that involve related questions of fact or law or may separate matters in issue for hearing in two or more separate proceedings, if it finds that consolidation or separation…

(a) The commission may meet and exercise its powers in any part of the State. Except as provided by law, all of its meetings are open to the public. The parliamentary procedure to be utilized by the commission in the conduct of its own meetings, shall be based on the current edit…

Upon motion and for good cause shown, the commission may order substitution of parties. Notes Haw. Code R. § 16-601-40 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-31, 271G-23)

(a) All motions, except when made during a hearing, shall: (1) Be in writing; (2)State the grounds for the motion; (3) Set forth the relief or order sought; and (4) Be accompanied by a memorandum in support of the motion, if the motion involves a question of law. (b) Every motion…

A motion to dismiss any application or complaint made before a hearing on the merits of a case, shall not be heard until five days after the motion has been filed. Notes Haw. Code R. § 16-601-42 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 27…

Neither the commission nor a hearings officer is bound by the common law rules relating to the admission or rejection of evidence The commission or hearings officer may exercise its own discretion in these matters, limited only by considerations of relevancy, materiality, and rep…

(a) The presiding officer shall rule on the admissibility of evidence and on any oral motions made in the course of the hearing. The presiding officer may issue a ruling after taking the matter under advisement. The presiding officer's rulings may be reviewed by the commission in…

(a) With the approval of the presiding officer, a witness on direct examination may read into the record or summarize the witness' prepared testimony. Before any testimony is read or summarized, unless excused by the presiding officer, the witness shall deliver copies of any prep…

(a) If relevant and material matter offered in evidence is included in a document containing other matters, the offering party shall designate specifically the matter so offered. If other matters in the document would unnecessarily encumber the record, at the discretion of the pr…

(a) If any matter in a document on file as an official record with the commission is offered in evidence, it may be received in evidence by reference, unless otherwise directed by the presiding officer, provided that the particular portions of the document are specifically identi…

The commission may take official notice of those matters as may be judicially noticed by the courts of the State. It may also take official notice of generally recognized technical or scientific facts within its specialized knowledge, upon notice to all parties before or during t…

At the hearing, the presiding officer may require the production of further evidence upon any issue or may call other competent witnesses to testify upon any issue. The presiding officer may authorize a party to file documentary evidence as part of the record within a fixed time …

All requests for government records or for copies of government records or to inspect the government records maintained by the commission shall be directed to the administrative director, either in writing or in person. Notes Haw. Code R. § 16-601-5 [Eff 1/1/2019] (Auth: HRS §§ 9…

A party or any person may move for a protective order to protect the confidentiality of information that is protected from disclosure under chapter 92F, HRS, or by law. A motion for a protective order shall specifically identify the document or information to be protected. The mo…

A party may move to correct the transcript within fifteen days after receipt of the transcript. The movant shall serve a copy of the motion upon all other parties. The motion shall certify the date when the transcript was received. If no objection to the motion to correct is serv…

Notes Haw. Code R. §§ 16-601-52 to 16-601-54 Eff 1/1/2019

(a) A person may make an application to intervene and become a party by filing a timely written motion in accordance with sections 16-601-15 to 16-601-24, section 16-601-41, and section 16-601-57, stating the facts and reasons for the proposed intervention and the position and in…

(a) The commission may permit participation without intervention. A person or entity in whose behalf an appearance is entered in this manner is not a party to the proceeding and may participate in the proceeding only to the degree ordered by the commission. The extent to which a …

A motion to intervene or participate, to be timely, shall be filed and served as follows: (1) A motion to intervene or participate in a public utility rate increase case shall be filed not later than ten days after the last public hearing held pursuant to the published notice of …