Hawaii Administrative Code

The commission may require the petitioner or any person or the commission's executive director to submit a statement of additional facts or a memorandum, the purpose of which is to clarify a specific factual issue, position, or contention which will reasonably aid the commission.…

Subject to sections 91-4 and 91-17, HRS, a public hearing shall be held for a petition for rule relief considered by the commission. Notice of the public hearing shall be given at least thirty days before the public hearing is held. The hearing shall be at the time and place set …

(a) The commission shall publish notice of the public hearing in a newspaper of general circulation throughout the State, and which is printed and issued at least twice weekly. The notice shall be published once in two consecutive weeks, and the last published notice shall appear…

At the commencement of the public hearing the member of the commission presiding at the public hearing shall read the notice of hearing and shall then briefly prescribe the procedure to be followed at the public hearing. All witnesses testifying at the public hearing shall state …

Testimony given at the public hearing shall not be recorded verbatim unless the commission at its sole discretion, either without suggestion or upon the request of any interested party, orders otherwise. All written documents shall be received and made part of the public record a…

(a) In accordance with section 706(c) of Title VII, complaints received by the EEOC alleging unlawful discriminatory practices concurrently regulated by Title VII and chapter 378, HRS, are deferred to the commission for a sixty-day period during which time the commission, as a 70…

(a) The commission shall render its decision at the public hearing or at a time, date, and place as is announced at the public hearing. The commission, upon the request of any interested person, shall issue a concise statement of the principle reasons for and against its decision…

Nothing contained in this subchapter shall be construed to prohibit or restrict the right of the commission from initiating its own rulemaking proceeding on any matter, whether disclosed in any petition or not. Notes Haw. Code R. § 12-46-91 [Eff 12/31/90] (Auth: HRS §§ 91-6, 368-…

These rules govern the practice and procedure before the labor and industrial relations appeals board. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. These rules may be cited as "LAB Rules". Notes Haw. Code R. § 12-47-1 [Eff…

(a) An individual may appear in his or her own behalf; a partner may represent the partnership; a bona fide officer of a corporation, trust, or association may represent the corporation, trust, or association; and an officer or employee of the State or a political subdivision of …

(a) Any person who signs a pleading, brief, or document, enters an appearance at a proceeding, or transacts business with the board, by that act represents the following: (1) That the person is lawfully authorized to so act; (2) That the person shall comply with the laws of this …

All pleadings, briefs, and other documents required to be filed shall be filed with the board during the regular hours of the board. The file stamped date on the document shall be regarded as the date of filing. Notes Haw. Code R. § 12-47-12 [Eff ] (Auth: HRS § 371-4) (Imp: HRS §…

(a) Pleadings, briefs, and other documents shall be typewritten upon paper 8-1/2 x 11 inches in size. Tables, maps, charts, exhibits, or appendices may be larger but shall be folded to that size where practical. The impression shall be double spaced, except that footnotes and quo…

The chief clerk or designee shall have custody of the board's official records of cases on appeal and shall be responsible for the maintenance and custody of the docket files, including, but not limited to, transcripts, exhibits, decisions, orders, rules, and approved forms. Note…

During the pendency of the appeal, all documents filed with or presented to the board shall be retained in the files of the board. The board may, however, permit the withdrawal of original documents upon submission of properly authenticated copies to replace the documents. Notes …

Unless otherwise required, each party shall file with the board an original and one copy of a notice of appeal, and an original of each complaint, or other pleading and any amendment to an appeal, complaint, or other pleading. The chairperson may require that additional copies be…

Any document filed with the board, which is not in compliance with applicable rules, orders, or statutes may be accepted by the chief clerk or designee and filed. The mere fact of filing, however, shall not waive any failure to comply with this chapter or any other legal requirem…

(a) The chief clerk or designee shall serve all decisions, orders, notices, and other documents issued by the board, together with any other documents that the board is required by law to serve. Upon request, the chief clerk or designee may effect service by placing a copy of the…

In computing any period of time specified under this chapter, in a notice, or in any order of the board, the time begins with the day following the act, event, or default and includes the last day of the period so computed, unless it is a Saturday, Sunday, or holiday; in which ev…

As used in this chapter, except as otherwise required by context: "Board" means the labor and industrial relations appeals board. "Chairperson" means the chair of the board. "Chief clerk" means the individual designated to receive, record, and preserve the records of the board. "…

The board may decline to hear and determine any issue which the director in the decision on appeal did not decide or left for future determination. Notes Haw. Code R. § 12-47-20 [Eff ] (Auth: HRS § 371-4) (Imp: HRS § 371-4)

(a) Upon docketing an appeal, the board may convene an initial conference to consider: (1) The simplification of issues; (2) The necessity or desirability of amendments to pleadings; (3) The possibility of obtaining stipulations of fact and documents to avoid unnecessary proof; (…

(a) When an initial conference is held, the board may enter a pretrial order which recites the action taken at the conference, including: (1) The agreements made by the parties as to any of the matters considered; (2) The issues for hearing not otherwise disposed of by stipulatio…

Where it appears that the appellant or complainant was served with a notice of hearing or initial or settlement conference but fails to appear at such hearing or conference, either in person, by attorney, or duly appointed representative, the board may, after service of notice of…

(a) The board may issue an order remanding any proceeding: (1) For determination of an issue not decided by the director; or (2) For such other action by the director as may serve the interests of the just, speedy, and inexpensive determination of the appeal. (b) The order of rem…

Upon motion and for good cause shown, the board may order substitution of parties, except that in the case of a party's death, substitution may be ordered without filing a motion. Notes Haw. Code R. § 12-47-25 [Eff ] (Auth: HRS § 371-4) (Imp: HRS § 371-4)

(a) The board may order the joinder of additional parties necessary for the full adjudication of the case. Motions to join additional parties shall be made within sixty days following the initial conference on the appeal. The board may permit joinder of additional parties beyond …

The board, upon its own initiative or upon motion, may consolidate for hearing two or more proceedings that involve the same parties or related questions of fact or law or may separate matters in issue for hearing in two or more separate proceedings, if it finds that consolidatio…

An appeal pending before the board may be withdrawn or discontinued only upon approval by the board. Notes Haw. Code R. § 12-47-28 [Eff ] (Auth: HRS § 371-4) (Imp: HRS § 371-4)

Notes Haw. Code R. § 12-47-29

(a) The office of the board is at 888 Mililani Street, Suite 400, Honolulu, Hawaii 96813. All communications to the board shall be sent to this address unless otherwise directed. (b) The regular hours of the board shall be from 7:45 a.m. to 4:30 p.m. daily, except Saturdays, Sund…

(a) Any party may request the issuance of a subpoena requiring the attendance of a witness to testify before the board or for the taking of depositions. (b) Any party may request the issuance of a subpoena duces tecum for the production of documents or records. The request must: …

After the filing of the notice of appeal any party may proceed to obtain discovery by deposition upon oral examination, written interrogatories, or request for production of documents in the manner and effect prescribed by the Hawaii Rules of Civil Procedure; provided that to pro…

(a) Form. All motions, except when made during a trial, shall be in writing, state the grounds for the motion, set forth the relief or order sought, and be accompanied by a memorandum in support of the motion. If the motion requires consideration of facts not appearing in the rec…

A motion to dismiss any appeal or complaint made before a hearing on the merits of the case shall not be heard until five business days after the motion has been served. Notes Haw. Code R. § 12-47-33 [Eff ] (Auth: HRS § 371-4) (Imp: HRS § 371-4)

A motion for stay of the director's decision and order, in whole or in part, shall be filed no later than ten calendar days after an appeal has been taken. Upon good cause shown, the board may permit the filing of a motion for stay beyond this period. Failure to file the motion w…

(a) When any act is required or allowed to be done at or within a specified time, the board for good cause shown may at any time: (1) Upon written request made before the expiration of the period prescribed, order the period enlarged; or (2) Upon motion made after the expiration …

Notes Haw. Code R. §§ 12-47-36 to 12-47-39

Notes Haw. Code R. §§ 12-47-4 to 12-47-9

(a) In all hearings before the board, the appellant, complainant, or movant shall open and close, unless the presiding member directs otherwise. Appellees, interveners, and respondents shall be heard in the order the presiding member directs. (b) The order of presentation shall n…

The board shall not be bound by statutory and common law rules relating to the admission or rejection of evidence. The board may exercise its own discretion in these matters, limited only by considerations of relevancy, materiality, and repetition, by the rules of privilege recog…

(a) Testimony shall be taken on oath or affirmation. (b) Each party shall have the right to call and examine parties and witnesses, to introduce evidence, to question opposing witnesses and parties on any matter relevant to the issues even though that matter was not covered in di…

Each party has the right to conduct such cross-examination of any 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. § 12-47-43 [Eff ] (Auth: HRS § 371-4) (Imp: HRS §§ 91-10, 371-4)…

To avoid unnecessary or unduly repetitious evidence, the presiding member may limit the number of witnesses or the time for testimony upon a particular issue. Notes Haw. Code R. § 12-47-44 [Eff ] (Auth: HRS § 371-4) (Imp: HRS §§ 91- 10, 371-4)

With the approval of the board, 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. § 12-47-45 [Eff ]…

(a) The presiding member shall rule on the admissibility of evidence and on any oral motions made in the course of trial. The presiding member may issue a ruling after taking the matter under advisement. (b) When objections are made to the admission or exclusion of evidence, the …

The board 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 trial.…