Hawaii Administrative Code

(a) All papers or documents required to be filed with the board shall be filed with the chairperson. (b) Such papers may be mailed or hand-carried to any office of the department in the State within the time limit, if any, for filing. (c) The date on which the papers or documents…

All papers filed with the board shall be retained by the board in its files. However, the chairperson may permit the withdrawal of the original documents upon submission of properly authenticated copies to replace the original papers. Notes Haw. Code R. § 4-1-14 [Eff SEP 20 1986]…

Computation of time shall be as provided under section 1-29, HRS. Notes Haw. Code R. § 4-1-15 [Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 1-29, 91-2)

Whenever a person or agency has a right or is required to take action within the period prescribed or allowed by this chapter, by notice given under this chapter, or by an order, the board may: (1) With or without notice, extend the period before expiration of the prescribed peri…

If any paper filed with the board is not in substantial conformity with the applicable rules, the board, on its own motion or the motion of any party, may strike the document or require that it be amended. If amended, the document shall be effective as of the date of the original…

(a) Certified copies of all final orders, opinions, or rulings entered by the board in any proceeding shall be served upon the parties or persons participating in the proceedings by first class mail or personal delivery by the board. (b) All final orders, opinions, or rulings may…

The attorney general, as counsel for the board, shall be a participant in all proceedings governed by this chapter. The attorney general or a representative of the attorney general shall be designated as "counsel for the board", and shall be served with copies of all papers, plea…

As used in this chapter unless the context otherwise requires: "Board" means the state board of agriculture. "Chairperson" means the chairperson of the state board of agriculture. "Complainant" means a person, an agency, or an officer upon whose complaint a proceeding is institut…

Upon motion and for good cause shown, the board may order substitution of parties, except that in case of death of a party, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 4-1-20 [Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

The board may consolidate for hearing or other purposes or contemporaneously consider two or more proceedings which involve substantially the same parties or issues which are the same or closely related, if it finds that such consolidation or contemporaneous hearing will be condu…

When a party, against whom an order to show cause has been issued, fails to plead or defend that action and this fact is made to appear by affidavit or otherwise, the board may enter the party's default. No order for default shall be entered against an infant or an incompetent pe…

(a) The adoption, amendment, or repeal of any rule of the board may be made by the board on its own motion, or by petition of any interested person or agency. Petitions for rulemaking filed with the board shall be matters of public record. (b) Petitions shall conform to and be fi…

Any petition that fails to comply in any material respect with the requirements of this chapter or fails to disclose sufficient reason to justify conducting rulemaking proceedings shall not be considered by the board. The board shall promptly notify the petitioner in writing of s…

If the board determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking to justify the conduct of rulemaking proceedings, the procedures to be followed shall be as set forth in this chapter and applicable statutes. Note…

Whenever pursuant to a petition or upon its own motion the board proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published in accordance with sections 91-3, 91-6, and 92-41, HRS. Notes Haw. Code R. § 4-1-26 [Eff SEP 20 1986] (Auth: HRS § 91-2)…

(a) Each hearing shall be held before the board or presided over by a hearing officer. (b) The board or hearing officer shall be authorized to take all actions necessary for the orderly conduct of the hearing. (c) Each hearing shall be held at the time and place set in the notice…

(a) At the close of a public hearing presided over by a hearing officer, the hearing officer shall announce either:(1) What recommendation will be made to the board on the proposed adoption, amendment or repeal; or (2) The date by which such recommendation will be made. (b) If no…

(a) In rulemaking proceedings before the board, the board shall take final action either at the close of the public hearing or on the date previously announced for decision making. (b) In rulemaking proceedings presided over by a hearing officer, the board shall take final action…

(a) Unless otherwise required by the context, the singular includes the plural and vice-versa. (b) Unless specifically stated, the terms used in rules adopted by the board pursuant to powers granted by statute shall have the meaning defined by that statute. (c) A rule which defin…

The board may adopt emergency rules in accordance with section 91-3(b) and 91-4(b)(2), HRS. Notes Haw. Code R. § 4-1-30 [Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-3(b), 91-4(b)(2)) (Imp: HRS §§ 91-2, 91-3(b), 91-4(b)(2))

An application for the issuance or renewal of a license, permit, or certificate shall be filed with the board. Application shall be made by completing a form furnished by the department. Notes Haw. Code R. § 4-1-31 [Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

In the event an application for the issuance or renewal of a license, permit, or certificate is denied, the chairperson or the chairperson's designated representative shall promptly notify the applicant of the board's action by letter which shall include a concise statement of th…

Any person whose application for the issuance or renewal of a license, permit, or certificate has been denied by the board, shall be entitled to a hearing after notice, provided that a request for a hearing is filed with the board within thirty days of the date of mailing of the …

If a request for hearing is filed within the time prescribed, the board shall order a hearing upon reasonable notice, which shall be conducted in accordance with subchapter 5 and all applicable laws on contested cases. Notes Haw. Code R. § 4-1-34 [Eff SEP 20 1986] (Auth: HRS § 91…

(a) A contested case is initiated with the filing of(1) A request for a contested case hearing; (2) A citation issued by the department; (3) A complaint; or (4) An order to show cause issued by the board. (b) Upon the filing of a document initiating a contested case, a docket num…

(a) A hearing on a contested matter may be requested by the board on its own motion, by any government agency upon filing of a written petition, or by any person aggrieved by a decision or ruling of the board or against whom a citation has been issued by department employees for …

(a) Any person or agency of the State or its political subdivisions, or any officer thereof, may file a complaint against a person holding a license, permit, or certificate issued by the board charging a violation of any law over which the board has jurisdiction or of any rule of…

(a) Whenever the board has reason to believe that a law over which it has jurisdiction or one of its rules has been violated by a person holding a license, permit, or certificate issued by the board, the board shall issue and serve upon that person an order to show cause. (b) The…

Upon filing of a petition or request for hearing under section 4-1-36, board determination that a contested case hearing is required under section 4-1-37(e), or service of an order to show cause under section 4-1-38, a written notice of hearing shall be served on the parties in a…

(a) The principal office of the board is located at 1428 South King Street, Honolulu, Hawaii. (b) All communications to the board shall be addressed to the state board of agriculture, P. O. Box 22159, Honolulu, Hawaii 96823. Notes Haw. Code R. § 4-1-4 [Eff SEP 20 1986] (Auth: HRS…

(a) The board or hearing officer may hold pre-hearing conferences with the parties for the purpose of;(1) Formulating, simplifying, or narrowing the issues; (2) Arranging for the exchange of proposed exhibits or proposed written testimony, the setting of schedules, the exchange o…

(a) Each hearing shall be held before the board or presided over by a hearing officer. (b) The board or hearing officer shall be authorized to administer oaths or affirmations and to take all actions necessary for the orderly conduct of the hearing. (c) Each hearing shall be held…

(a) The hearing officer's recommended decision shall be filed as soon as practicable and not later than thirty calendar days after the close of the reception of evidence. (b) The hearing officer's recommended decision shall become a part of the record and include separate finding…

(a) Before taking final action in a contested case, the board, on its own motion, may order further proceedings to be held. (b) In taking final action, the board shall consider the recommended decision of the hearing officer and all relevant evidence introduced in conjunction wit…

(a) The complainant, respondent, counsel for the board, and any other party to the proceedings may meet at any time prior to or during hearings for the purpose of informal disposition of the proceedings. (b) Unaccepted proposals or offers of settlement shall not be admissible in …

(a) The board or hearing officer shall serve all orders, notices, and other papers issued by the board or hearing officer, together with any other papers which the board or hearing officer is required by law to serve. All other papers shall be served by the party filing them. (b)…

(a) Upon application of a party to any proceeding, the board or hearing officer, at any time after the filing of a complaint, may order the taking of testimony by oral deposition or by deposition upon written interrogatories. (b) Any party desiring to take the deposition of a wit…

(a) The issuance of subpoenas by the board shall be in accordance with section 92-16, HRS. (b) Application for subpoenas for the production of documentary evidence shall be made in writing to the board or to the hearing officer. The application shall be reasonable in scope and sp…

(a) No party or other person representing or on behalf of a party shall communicate privately on the merits of a case to any member of the board, the department staff, or the hearing officer designated to hear and decide a matter. (b) The following types of ex parte communication…

Contested case hearings shall be reported verbatim or recorded on electronic devices. Notes Haw. Code R. § 4-1-49 [Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-9)

The offices of the board shall be open from 7:45 a.m. to 4:30 p.m., Monday through Friday, unless otherwise provided by statute or executive order. Notes Haw. Code R. § 4-1-5 [Eff SEP 20 1986] (Auth: HRS §§ 80-1, 91-2) (Imp: HRS §§ 80-1, 91-2)

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

This chapter shall be deemed to be severable, and in the event a section of this chapter is determined to be invalid, such invalidity shall affect that section only and not invalidate this chapter in its entirety. Notes Haw. Code R. § 4-1-51 [Eff SEP 20 1986] (Auth: HRS § 91-2) (…

All rules and regulations adopted by the board in effect on July 1, 1980, and subsequently not converted to the Hawaii Administrative Rules format in accordance with section 91-4.2 and 91-5, HRS, are repealed. Notes Haw. Code R. § 4-1-52 [Eff SEP 20 1986] (Auth: HRS §§ 91-2, 141-…

(a) The board may meet and exercise its powers in any part of the State. (b) Board meetings shall be held in accordance with sections 92-3, 92-4, 92-5, 92-7, 92-8, and 92-9, HRS, as applicable. Notes Haw. Code R. § 4-1-6 [Eff SEP 20 1986] (Auth: HRS §§ 91-2, 92-4, 92-5, 92-7, 92-…

The constitution of a quorum and the number of votes necessary to validate any act of the board shall be in accordance with section 92-15, HRS. Notes Haw. Code R. § 4-1-7 [Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 92-15)

(a) The chairperson shall have charge of the board's official records and shall be responsible for the maintenance and custody of the files and records of the board, including: (1) The transcripts of testimony and exhibits; (2) All papers and requests filed in proceedings; (3) Th…