Hawaii Administrative Code

(a) In any proceedings before the department no party or representative of a party shall communicate with the hearing officer concerning the merits of the case. (b) It shall be improper for any person interested in a proceeding to seek to influence the judgment of any member of t…

(a) The parties shall have an opportunity to:(1) Present oral or documentary evidence; (2) Examine the case record as well as all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing; (3) Present the cas…

(a) The official records of proceedings shall include materials prescribed in section 91-9(e), Hawaii Revised Statutes. (b) Records of proceedings requested for the purposes of rehearing or court review, may be transcribed. (c) The records transcribed shall not include matters ou…

(a) A final decision shall not be rendered by the department prior to the hearing and examination of all evidence unless the decision is made in the form of a proposal which is subject to the following conditions:(1) That the proposed decision contains a statement of reasons for …

This chapter shall govern all administrative hearing proceedings before the department which are intended to obtain relief in a contested case, provided that a contested case does not include any adjustment, disciplinary, grievance, classification, or any other hearing decision. …

(a) Any interested person may petition for an administrative relief hearing with the department either in person or by mail. The petition shall be legibly written or typed to include the following:(1) The first page of every petition shall set forth the name, full address, and ph…

When a party's authorized representative appears in a hearing proceeding or signs a petition submitted to the department or a hearing officer, that shall signify that the representative is authorized to so act. The representative, however, may be required by the department or hea…

(a) Upon determination by the department to proceed with a hearing, the department shall give written notice to all parties of the hearing by registered or certified mail with return receipt at least fifteen days prior to the hearing date to include:(1) The date, time, and place …

(a) The hearing officer may: (1) Approve a stipulation between parties continuing the hearing; and (2) Upon motion by a party, for good cause shown as provided in section 23-4-7, continue the hearing. Notes Haw. Code R. § 23-4-6 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § …

(a) An application for an order shall be made by motion, which, except during a hearing, shall be in writing and state the grounds for the application and the order sought. (b) Motions referring to facts not of record shall be supported by affidavits, and if involving a question …

(a) The hearing officer, in conducting a hearing, may: (1) Issue notices of hearings and appearance of parties; (2) Examine witnesses; (3) Rule upon offers of proof, receive relevant evidence, and exclude irrelevant evidence or restrict questioning or testimony; (4) Regulate the …

(a) No matter shall be heard by the hearing officer who:(1) Has any pecuniary interest in the matter; (2) Is related within the third degree by blood or marriage to any party in the proceeding; or (3) Has participated in any pre-proceeding investigation of the matter, or in devel…

As used in these rules unless the context requires otherwise: "Administrator" means the executive secretary of the criminal injuries compensation commission. "Chairperson" means the chairperson of the criminal injuries compensation commission. "Commission" means the criminal inju…

(a) The principal office of the commission is at the Old Federal Building, Honolulu, Hawaii. All communications to the commission shall be addressed to the Criminal Injuries Compensation Commission, State of Hawaii, 335 Merchant Street, Room 244, Honolulu, Hawaii, unless otherwis…

Unless entitled to confidential treatment pursuant to section 23-601-3, state or federal law, commission records, such as rules, regulations, opinions, orders, and meeting minutes shall be made available for inspection to the public during established office hours. Notes Haw. Cod…

Except as otherwise provided in this chapter, records printed or reproduced by the commission shall be given to any person requesting the same upon payment of any fees established by the commission or by law. Notes Haw. Code R. § 23-601-2 [Eff SEP 03 1994] (Auth: HRS § 351-68) (I…

Disclosure of information relating to the psychiatric, medical, personal history, and law enforcement or criminal investigative reports will not be permitted unless required by court order with jurisdiction in a case arising from an application filed with the commission or otherw…

(a) When upon its own motion, the commission proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the State. All such notices shall be issued at leastthirty days prior to the date of …

Notwithstanding the chapter 23-601, if the commission finds that an imminent peril to public health, safety, or morals requires adoption, amendment, or repeal of a rule upon less than thirty days' notice of hearing, and states in writing the reason for such finding, it may procee…

(a) Any interested person or any agency of the State or county government may petition the commission for the adoption, amendment, or repeal of any rule. (b) Petitions for rulemaking shall: (1) Set forth the text of any proposed rule or amendment desired or specify the rule the r…

(a) On petition of an interested person, the commission may issue a declaratory order as to the applicability of any statutory provision or of any rule or order of the commission. Petitions for the issuance thereof shall: (1) State clearly and concisely the controversy or uncerta…

A public hearing shall be held as provided by law. The hearing may be closed provided by statute. Notes Haw. Code R. § 23-603-1 [Eff SEP 03 1994] (Auth: HRS § 351-68) (Imp: HRS § 351-14)

Each such hearing shall be presided over by the chairperson of the commission or by a designated representative. The hearing shall be conducted in such a way as to afford all interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and to…

The hearing shall be held at the time and place set forth in the notice of hearing, but may at the time and place be continued from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing. Notes Haw. Code R…

At the commencement of the hearing, the presiding officer shall read the pertinent portions of the notice of hearing and shall then outline briefly the procedure to be followed. Evidence shall then be received with respect to the matters specified in the notice of hearing in such…

All interested persons shall be given reasonableopportunity to offer evidence with respect to the matters specified in the notice of hearing. Every witness shall, before proceeding to testify, state the witness' name, address, and whom they represent at the hearing, and shall giv…

All interested personsoragencies of the State or of a political subdivision of the State shall be afforded an opportunity to submit evidence or arguments which are relevant. In addition, or in lieu thereof, persons or agencies may also file with the commission within fifteen days…

Unless otherwise specifically ordered by the commission or the presiding officer, testimony given at the hearing need not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, which are deemed by th…

At the close of the final public hearing, the commission shall announce the decision or the date when its decision will be announced. The decision shall be signed by the chairperson or, in the chairperson's absence, by two members of the commission. Notes Haw. Code R. § 23-603-8 …

As used in this chapter: "Child" means an unmarried person who is under eighteen years of age and includes a step-child or an adopted child. "Dependents" means such relatives of a deceased victim who were wholly or partially dependent upon the victim's income at the time of victi…

(a) Except for the eighteen month period for timely filing of a claim application, in computing any period of time, which is prescribed or allowed by this subtitle or any order, the first day shall be excluded and the last included, unless the last day is a Sunday or official sta…

(a) Except as otherwise provided in section 23-604-2, any order for the payment of compensation under this section may be made on such terms as the commission deems appropriate. All orders for the payment of compensation shall contain words clearly informing the person that all a…

Medical expenses are those expenses directly related to the incident which include: (1) Hospitalization; (2) Home nursing care; (3) Plastic surgery (scar revision); (4) Air and ground ambulance service (5) Air transportation for the victim to travel to another island for medical …

(a) The commission will consider all reasonable customary funeral expenses up to $3,000. Any amounts in excess of the $3,000 must be determined to be necessary expenses. Funeral and burial expenses include:(1) All customary mortuary costs; and (2) All customary cemetery costs. Ex…

(a) Persons may be compensated for lost earnings. Factors to determine lost earnings include: (1) Whether the person was employed at-the time of the incident; (2) The income (including tips) after the deductions of state, federal, and FICA taxes; (3) Substantiation from the perso…

The minimum award for lost support will be $1,000 per dependent. The applicant must provide evidence to establish that an award in excess of $1,000 is necessary and essential for the maintenance and well being of the child. Factors to determine dependency include: (1) Whether the…

(a) In determining whether an award will be reduced or denied, the following may be considered: (1) Whether an award will substantially enrich the offender; (2) Whether a person fails to utilize legal remedies (temporary restraining order, etc.); (3) Whether a person was involved…

(a) The commission may, at any time, on its own motion or in the application of any person aggrieved, reconsider the order or decision and revoke, confirm, or vary the order or decision, based upon the commission's findings. The reconsideration should include the reasons for disa…

It is the policy of the department of public safety, criminal injuries compensation commission that no person shall, on the grounds of race, color, religion, sex, national origin, age, handicap, sexual orientation or marital status be excluded from participation in be subjected t…

The payment of any claim brought under section 351, Hawaii Revised Statutes, shall be at the discretion of the commission and shall not exceed $10,000 per occurrence. Payment of compensation to the dependents of the deceased victim shall not, in the aggregate, exceed $10,000. Com…

(a) Compensation may be paid to those persons identified in subsection (b) when any private citizen is injured or killed by an act or omission of any person coming within the criminal jurisdiction of this state or when the resident of this State is injured or killed in a state wi…

(a) Compensation may be paid to those persons identified in subsection (b) when any private citizen has incurred injury or property damage while assisting or preventing the commission of a crime within the State, while apprehending a person who has committed a crime within the St…

(a) Any eligible person who seeks compensation under this chapter shall file a written application on an official application form with the commission. The application may be sent by mail or hand-carried to the commission office. The postmark date shall be deemed to be the date o…

(a) The commission may assign cases to the administrator for determination of eligibility and any order for compensation if:(1) The case can be adjudicated appropriately on the basis of available records and documents; and (2) The applicant has waived a hearing before the commiss…

The commission may require a medical examination by an impartial licensed physician who shall make a report to the commission. The fees for such examination shall be paid by the commission. The commission may request a treatment plan from an attending service provider to determin…

(a) Not-withstanding any other provision in this subtitle, with respect to all applications filed under this chapter, the commission shall conduct a hearing in accordance with this chapter and section to determine eligibility for compensation as soon as practically possible after…

This chapter governs practice and procedure before the state board of agriculture and shall be construed to secure the just and efficient determination of every proceeding. Notes Haw. Code R. § 4-1-1 [Eff SEP 20 1986] (Auth: HRS §§ 91-2, 141-2, 142-2, 144-11, 145-15, 147-4, 148-2…