Hawaii Administrative Code

A renter who is an applicant on a waitlist shall remain an applicant during the rental period. The renter's application and rank on any waiting list shall be maintained without regard to his or her status as a renter. The renter shall become a lessee upon signing a lease. Notes H…

This chapter and any governing documents subject hereto shall be implemented and interpreted within the spirit of the act, including to promote native Hawaiian values and sense of place in the best interest of the lessees, renters, and residents living in planned communities, mul…

Notes Haw. Code R. §§ 10-7-7 to 10-7-9

(a) This chapter governs the practice and procedure before the department of health, State of Hawaii, provided that an attached entity may adopt and shall be governed by its own specific rules of practice and procedure if it has rulemaking authority, and provided that the directo…

(a) The department may conduct meetings and hearings by videoconference. (b) Public meetings held by videoconference by attached entities are subject to section 92-3.5, HRS. (c) Before the videoconference of a contested case hearing, the hearings officer shall arrange a procedure…

Notes Haw. Code R. §§ 11-1-11 to 11-1-20

(a) The official seal of the department of health shall be circular in shape, two and one-fourth inches in diameter. At the curve on the top portion there shall be the words "DEPARTMENT OF HEALTH" and at the curve on the bottom portion there shall be the words "STATE OF HAWAII." …

(a) Procedures to be followed by the department shall, unless specifically prescribed in this chapter or by chapter 91, HRS, or other statutory provisions, be such as in the opinion of the department will best serve the purposes of such hearings. Cases shall be conducted fairly a…

(a) The department may schedule a contested case hearing on its own initiative or may schedule one when required by law based upon a complaint. (b) A complaint may set or request a hearing and shall contain concise statements of: (1) The legal authority under which the proceeding…

The department shall maintain a docket of all contested cases, and each case shall be assigned a number. Notes Haw. Code R. § 11-1-23 [Eff 2/14/2005] (Auth: HRS § 91-2, 321-9) (Imp: HRS § 91-2, 91-9)

(a) The director or attached entity may act as the hearings officer and personally conduct the hearing of a contested case or may appoint a representative to be the hearings officer. The hearings officer shall conduct the hearing and any related pre-hearing and post-hearing activ…

(a) A hearings officer, director, or member of an attached entity is disqualified from hearing or deciding a contested case if the hearings officer, director, or member of the attached entity: (1) Has a substantial financial interest as defined by section 84-3, Hawaii Revised Sta…

If a hearings officer is absent from a scheduled hearing, is incapacitated from performance of duty, or for other good cause, the director or attached entity may appoint another representative to serve as a substitute hearings officer without abatement of the proceedings. Notes H…

(a) No person shall have ex parte communications with the hearings officer or final decision maker regarding any substantive or disputed factual or legal matter to be heard or decided with the intent, or the appearance of the intent, to influence the decision of the hearings offi…

(a) All pleadings, submittals, complaints, petitions, applications, charges, reports, maps, exceptions, briefs, memorandums, and other papers required to be filed in any contested case shall be filed as required in section 11-1-4(c), unless otherwise specified, and shall comply w…

(a) If any document initiating, or filed in, a contested case is not in substantial conformity with the applicable rules of the department as to the contents of the document, or is otherwise insufficient, the department, on its own motion or on motion of any party, may reject or …

As used in this chapter, unless the context clearly requires otherwise: "Agency" means a state or county board, office, commission, department, or officer authorized by law to make rules or to adjudicate contested cases, except those in the legislative or judicial branches. "Atta…

(a) All documents filed with or presented to the department may be retained in the files of the department. Documents, which are part of a contested case record, shall be retained at least until the time for any appeal has expired. However, the department or a hearings officer ma…

(a) Documents filed with the department in a contested case shall be available for public inspection under section 11-1-5. (b) Hearings shall be open to the public unless otherwise provided by law. Prehearing and post hearing conferences shall be closed to the public. Hearings ma…

(a) An individual may appear in the individual's own behalf; a general partner of a partnership may represent the partnership; a bona fide officer, trustee, or managerial level employee of a corporation, trust, or association may represent the corporation, trust or association; t…

Upon motion and for good cause shown, the hearings officer may order substitution of parties, except that when an individual party dies or a government officer is replaced, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 11-1-33 [Eff 2/14/2005] (A…

(a) The hearings officer, upon the officer's own initiative or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings that involve substantially the same parties, or issues that are the same or closely related, if …

(a) Any person or agency not a party to the contested case hearing may seek to become a party by filing a motion for leave to intervene. The motion shall state the grounds upon which the person or agency claims to have an interest in the proceeding. The person or agency shall fil…

(a) The hearings officer may order and hold prehearing conferences with the parties to formulate or simplify issues, obtain stipulations of facts, arrange the exchange of proposed exhibits or written testimony, set schedules, exchange names of witnesses, limit the number of witne…

(a) All motions, other than those made during a hearing, shall be made in writing to the hearings officer, shall state the relief sought, and shall be accompanied by an affidavit, declaration, or memorandum setting forth the grounds upon which they are based. The hearings officer…

(a) The hearings officer shall follow section 91-10, Hawaii Revised Statutes, with respect to evidence submitted or objected to in contested case hearings. (b) The hearings officer shall rule on the admissibility of all evidence. (c) When objections are made to the admission or e…

(a) Witnesses may be subpoenaed to give oral testimony, produce documents and things, or both. (b) Subpoenas may be issued by the hearings officer. No subpoena shall be issued unless the party requesting the subpoena provides the name and address of the witness; identifies the do…

(a) Office. The principal office of the department is in Honolulu, Hawaii. (b) Office hours. The offices of the department shall be open from 7:45 a.m. to 4:30 p.m., Monday through Friday, except on state holidays, unless otherwise provided by statute or executive order. (c) Fili…

The contested case hearing shall be held at the time and place set in the notice of hearing. The hearings officer may continue the hearing based on a stipulation, motion, or the hearings officer's own initiative, and at the hearing may continue the hearing from day to day or adjo…

(a) For good cause shown or upon failure of a party to appear after proper notice, a hearings officer may find a party in default, or dismiss a complaint, whether or not a party requests such relief. (b) If a party fails to request a hearing within the time specified in the depar…

(a) A hearings officer, other than the director or attached entity, shall: (1) Render and serve on the parties or their attorneys a certified copy of the hearings officer's proposed decision and order, findings of fact, and conclusions of law (collectively, "proposal") within thi…

(a) When a stenographic or other record is taken, any party may request a certified transcript of the hearing. The party making the request shall be responsible for the fees for the transcript, unless the party is initiating an appeal to circuit court, in which case the departmen…

Notes Haw. Code R. §§ 11-1-44 to 11-1-50

Records of the department shall be available for inspection during established business hours, pursuant to chapter 92F, HRS, rules adopted under that chapter, and any other applicable laws. Notes Haw. Code R. § 11-1-5 [Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9) (Imp: HRS § 91-2, c…

(a) Any interested agency or person who is not representing the department, may petition the department to adopt, amend, or repeal any rule that is designed to implement, interpret, or prescribe law, policy, procedure, or practice requirements of the department. (b) The petition …

(a) When the department proposes to adopt, amend, or repeal an administrative rule, the department shall assign a docket number for each proposed rulemaking under this subchapter. (b) Notice of proposed rulemaking shall be published as required by statute. Notes Haw. Code R. § 11…

(a) Each rulemaking hearing shall be presided over by a hearings officer. The hearing shall be conducted so as to afford to any interested person or agency a reasonable opportunity to be heard on matters specified in the notice of hearing and so as to obtain a clear and orderly r…

Notes Haw. Code R. §§ 11-1-54 through 11-1-60

(a) For variances or permits for which costs and public notice procedures are not already provided for in title 11, HAR, or statutes, the department may require an applicant for a permit, variance, or similar action to pay all costs related to the processing of the application. C…

(a) Any interested person or agency may petition for a declaratory order as to the applicability of any statutory provision administered by the department or of any rule or order of the department. (b) The petition shall be filed in writing and shall include: (1) The petitioner's…

Notes Haw. Code R. §§ 11-1-62 to 11-1-70

In computing any period of time prescribed or allowed by these rules or by order of the department, the day from which the period runs is excluded and the last day is included. The period shall be extended, if necessary, to ensure that the last day falls on a normal State workday…

Whenever a person or agency has a right or is required to take action within the period prescribed or allowed by these rules, by notice given under the rules, or by an order, the department, or hearings officer in a contested case, may: (1) Before the expiration of the prescribed…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the p…

This chapter sets forth minimum requirements for the protection of public health respecting public swimming pools. These requirements shall apply to all public swimming pools, but shall not apply to: (1) Private residential swimming pools; (2) Private residential spas, hot tubs, …

The purpose of this subchapter shall be to provide minimum standards for public swimming pool operation and maintenance. Notes Haw. Code R. § 11-10-14 [Eff ] [Auth: HRS §§ 321-10, 321-11] [Imp: HRS § 321-11]

(a) Water supply: (1) The water supply serving a public freshwater swimming pool shall meet the requirement of chapter 11-20, Rules Relating to Potable Water Systems, except that the director may approve the use of water from natural sources. (2) Where both potable and nonpotable…