Hawaii Administrative Code

Subject to section 89-7(a), HRS, regarding a showing of interest hearing requirement, if it appears to the board after an investigation that a hearing is warranted, the board shall issue written notice of hearing upon the parties. The initial notice of hearing may be served elect…

In computing any period of time prescribed or allowed by these rules or by order of the board, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed…

The procedures for hearing shall be governed by the provisions of subchapter 2. Notes Haw. Code R. § 12-43-80 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §§ 89-6, 89-7)

(a) The public employer shall post notices of election, on forms furnished by the board, where notices are normally posted affecting all employees in the appropriate bargaining unit not less than seven days before the scheduled date of election. (b) The public employer shall cert…

(a) All elections shall be by secret ballot. (b) Any party may be represented at the polling places by observers selected in accordance with the conditions as the board may prescribe. (c) Any authorized observer or the board's agent may challenge, for good cause, the eligibility …

(a) Within five days after the tally of ballots has been furnished, any party may file with the board a statement of objections to the conduct of the election or conduct affecting the results of the election, with proof of service on all parties. The statement shall be timely fil…

(a) In any election where none of the choices on the ballot receives a majority of the votes cast, and no objections have been timely filed, the board shall conduct a runoff election. (b) The ballot in the runoff election shall provide for a selection between the two choices rece…

Except as otherwise provided in this subchapter, the procedure for hearing on challenges or objections shall be governed by the provisions of subchapter 2. Notes Haw. Code R. § 12-43-85 Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS §§ 89-6, 89-7)

(a) If the board overrules a challenge, each challenged ballot shall be opened and counted, and the board shall issue a revised tally of votes and issue a certification of the results of the election and a certification of exclusive bargaining representative. (b) If the board ove…

Decisions and orders of the board relating to determinations on any controversy concerning the eligibility of an employee to vote or concerning the designated dates, times, and places for the election shall be conclusive. Notes Haw. Code R. § 12-43-87 Eff 10/21/2022 (Auth: HRS § …

Unless otherwise provided by statute or law, the board may upon its own initiative, or upon motion by a party showing good cause, extend the time within which any action shall be taken at the request of any party. A party requesting an extension of time shall file a motion with a…

This chapter governs the practice and procedure before the state fire council of the State of Hawaii under Chapter 132, Revised Statutes. Notes Haw. Code R. § 12-44-1 [Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)

All public records shall be available for inspection at the office during regular business hours. The attorney general shall determine which records may be withheld from public inspection when those records pertain to the preparation of the prosecution or defense of any action or…

Requests for information within the jurisdiction of the council, except confidential information, shall be made in person during regular business hours, or shall be made in writing and handled with due regard for the proper dispatch of other public duties. Notes Haw. Code R. § 12…

Copies of public records shall be made available free of charge upon request to state and county agencies, organizations representing public employees, federal agencies, and other states. For all other persons, the price for a copy shall be twenty five cents a sheet for each extr…

As used in this chapter: "Appellant" means a person appealing from an adverse finding or decision of the council. "Chairperson" means the chairperson of the council. "Council" means the state fire council. "Board" means county fire appeals board or fire appeal board established b…

Any person may petition the council for the adoption, amendment, or repeal of any of its rules. Notes Haw. Code R. § 12-44-21 [Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)

The petitioner shall submit three copies to the office. The petition need not be in any special form but shall contain the following information: (1) The petitioner's name and address, including zip code, and telephone number; (2) A statement of the nature of the petitioner's int…

Within thirty days after the receipt of the petition, the council shall either deny the petition, stating in writing its reasons for the denial, or initiate proceedings for the adoption, amendment, or repeal of the rule. Notes Haw. Code R. § 12-44-23 [Eff JUN 6 1986] (Auth: HRS §…

The procedures established in section 91-3, HRS, shall apply. Notes Haw. Code R. § 12-44-24 [Eff JUN 6 1986] (Auth: HRS § 91-3) (Imp: HRS § 91-3)

(a) The public hearing shall be presided over by the council chairperson or a designated representative, in the chairperson's absence. The hearing shall give persons a reasonable opportunity to be heard on matters relevant to the issues involved. The presiding officer may adminis…

At the close of the final public hearing, the council shall announce the date when its decision shall be made. The council shall consider all relevant comments and material of record before taking final action in its rulemaking proceeding. Notes Haw. Code R. § 12-44-26 [Eff JUN 6…

Any person may petition the council for a declaratory order as to the applicability of any statute administered by the council or of any of its rules or orders. Notes Haw. Code R. § 12-44-31 [Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)

The petitioner shall submit three copies of. the petition to the office. It need not be in any special form but shall contain the following information: (1) The petitioner's name and address, including zip code, and telephone number; (2) A statement of the nature of the petitione…

The council for good cause may refuse to issue a declaratory order. Without limiting the generality of the foregoing, the council may so refuse where: (1) The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be …

The council, within a reasonable time after the submission of a petition, shall either deny the petition, stating the reasons therefor or issue a declaratory ruling. Upon disposition of the petition, the chairperson shall promptly notify the petitioner of the council's ruling. No…

This subchapter shall govern all appeals from the findings or decisions of the council relating to any of its rules or the law it administers. Notes Haw. Code R. § 12-44-41 [Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)

Any person may appeal from an adverse decision of the council by filing a written statement of appeal on a form prescribed by the council. The statement of appeal shall be filed in the office of the council not later than sixty days from the date of the adverse decision by the co…

(a) The statement of appeal shall include the following information: (1) The identity and description of the appellant. if the appeal is made by an employee organization on behalf of a member, the organization shall state that it has the right to represent the members and shall s…

when an appeal is perfected in accordance with this subchapter, the appellant shall be afforded a contested case hearing before the council or a hearing officer appointed by the council. Notes Haw. Code R. § 12-44-44 [Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)…

If the appeal is to be heard by the council, it shall set the time and place of hearing and the chairperson or designated representative shall give written notice thereof to the appellant. Unless otherwise directed by the council, when the hearing of an appeal is assigned to a he…

The chairperson or designated representative shall maintain a docket of all appeals and each appeal shall be assigned a number. Notes Haw. Code R. § 12-44-46 [Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)

(a) In computing any period of time prescribed or allowed by this subchapter, order of the council or by any applicable statute, the day of the act, event, or default after which the designated period of time is to run shall not to be included. The last day of the period so compu…

(a) If any document filed in a proceeding governed by this subchapter is not in substantial conformity with the applicable rules of the council, or is otherwise insufficient, the council, on its own motion or .on the motion of any party, may strike the document or require its ame…

(a) Upon the written application of a party to a proceeding governed by this subchapter and for good cause shown, the council or the hearing officer, at any time after the filing of the statement of appeal, may order the taking of testimony of a witness by oral examination. (b) T…

(a) The deposition shall be taken before an officer authorized to administer oaths. (b) The officer before whom the testimony is to be taken shall put the witness on oath. The adverse party shall have the right to cross-examine the witness. The questions propounded to the witness…

(a) A deposition ordered and taken in accordance with section 12-44-49 may be used in a proceeding if the presiding officer finds that the evidence is otherwise admissible and; (1) The witness is dead; (2) The witness is out of the State, unless it appears that the absence of the…

(a) The chairperson, or any other member of the council designated by the chairperson, or a hearing officer designated by the council shall preside at all hearings on appeals governed by this subchapter. (b) When the presiding officer is a hearing officer, the hearing officer sha…

If for any reason the hearing officer designated for the hearing of an appeal is unable to complete the hearing, the council may assign the appeal to another hearing officer without abatement of the proceedings. Notes Haw. Code R. § 12-44-53 [Eff JUN 18 1986] (Auth: HRS § 132-16)…

(a) The presiding officer shall convene the hearing and summarize the statement of appeal. (b) Before presenting the case, the appellant shall have the opportunity to make an opening statement. The deputy attorney general assigned to the council shall also have the opportunity to…

When an appeal is heard by a hearing officer, the hearing officer, within sixty days after the close of the reception of evidence or the filing of any memoranda or proposed findings permitted by the hearing officer, shall make and file with the council a recommended decision whic…

Upon receipt of the recommended decision, the council may accept it as its proposed decision, or may remand it to the hearing officer for any clarification or correction, or may modify it and issue its own draft of a proposed decision. A copy of the proposed decision shall be ser…

(a) Within fifteen days after the mailing of a copy of the council's proposed decision, any party may file with the council exceptions to any part thereof and request review by the council. Each exception shall specify the portion of the record and authorities relied on to sustai…

Upon the filing of exceptions by a party adversely affected by the proposed decision, the council shall grant that party an opportunity to present arguments to the council. Notes Haw. Code R. § 12-44-58 [Eff JUN 5 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)

(a) Where exceptions have been filed to the council's proposed decision, the council shall render its final decision within sixty days after hearing the exceptions. in rendering its final decision, the council shall consider the whole record or such portions thereof as may be cit…

Except as otherwise provided in this subchapter, this subchapter shall apply to all other contested case hearings. Notes Haw. Code R. § 12-44-71 [Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)

Notice of hearing shall be given by the chairperson or by the hearing officer, if the latter hears the case, conforming to the requirements of sections 91-9 and 91-9.5, HRS. Notes Haw. Code R. § 12-44-72 [Eff JUN 6 1986] (Auth: HRS §132.16) (Imp: HRS § 132-16)