Hawaii Administrative Code

(a) On the 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. (b) The petition shall contain the following: (1) The name, address, and telephone number of the petit…

(a) When required by law, the board shall hold a contested case hearing upon its own motion or on a written petition of any government agency or any interested person. (b) The contested case hearing shall be held after any public hearing which by law is required to be held on the…

(a) On its own motion, the board may hold a contested case hearing. Others must both request a contested case and petition the board to hold a contested case hearing. An oral or written request for a contested case hearing must be made to the board no later than the close of the …

Depositions of witnesses and interrogatories shall not be allowed except upon agreement of the parties. The presiding officer may require parties to file and serve upon all other parties written witness statements and exhibits and to establish a schedule for such filings. Notes H…

When an application involves a conservation district use permit (including a request for a permit, modification of a permit, violation of a permit, or revocation of a permit), the request for a contested case hearing shall be accompanied with a $100.00 nonrefundable filing fee or…

(a) Except as otherwise provided in section 13-1-31.1, parties to a contested case shall be determined within a reasonable time following the ten-day period following the board meeting, the presiding officer shall notify all persons and agencies, including the applicant or allege…

(a) Contested case hearings shall be conducted in accordance with this subchapter, and chapter 91, HRS. (b) The board may conduct the hearing or, the board in its discretion may delegate the conduct of the contested case hearing to a hearing officer, in which case the chairperson…

(a) Witnesses may be subpoenaed as set forth below: (1) Requests for the issuance of subpoenas, requiring the attendance of a witness for the purpose of taking oral testimony before the board shall be in writing, and shall state the reasons why the testimony of the witness is bel…

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

(a) The presiding officer may exercise discretion in the admission or rejection of evidence and the exclusion of immaterial, irrelevant, or unduly repetitious evidence as provided by law with a view of doing substantial justice. (b) The presiding officer shall rule on the admissi…

(a) The presiding officer may hold or cause to be held pre-hearing conferences with the parties for the purpose of formulating or simplifying the issues, written testimony, setting of schedules, exchanging names of witnesses, limitation of number of witnesses, and such other matt…

(a) No party or person petitioning to be a party in a contested case, nor the party's or such person's to a proceeding before the board nor their employees, representatives or agents shall make an unauthorized Ex parte communication either oral or written concerning the contested…

(a) After all evidence has been taken, the parties may submit, within the time set by the presiding officer, a proposed decision and order which shall include proposed findings of facts and conclusions of law. A party to the proceedings may submit a proposed decision and order wh…

(a) Upon a motion of a party, the board may reconsider a decision it has made on the merits only if the party can show that: (1) New information not previously available would affect the result; or (2) A substantial injustice would occur. (b) In either case, a motion for reconsid…

Records directly relating to the application that are on file with the board, including, but not limited to, the record of the public hearing (if held), shall be a part of the record of the contested case; provided, however, that any party may object, in the manner provided in se…

Notes Haw. Code R. § 13-1-40

(a) Upon completion of taking of evidence, the hearing officer may ask the parties to submit a document entitled "proposed findings of fact, conclusions of law, and decision and order." Proposed decision and orders submitted shall be served upon each party to the proceedings and …

(a) Except as otherwise ordered by the chairperson, within twenty-one calendar days after service of the report and recommendations by the hearing officer, a party may file with the board, exceptions to the report together with a brief in support of such exceptions. Such party sh…

(a) Except as otherwise ordered by the chairperson, within twenty-one days after service of the exceptions to the hearings officer's report, any party may file with the board a brief in response to the exceptions. Such party shall serve copies of the brief upon each party to the …

(a) Any party shall be afforded an opportunity to present oral arguments to the board. (b) The board may direct oral argument on its own motion. (c) Responding arguments will be allowed. Notes Haw. Code R. § 13-1-44 [Eff and comp 2/27/09] (Auth: HRS § 171-6) (Imp: HRS §§ 91-10, 9…

(a) In the event no statement of exceptions is filed, the board may proceed to reverse, modify, or adopt the recommendations of the hearing officer. (b) Upon the filing of the exceptions and briefs together with the briefs in support, the board may: (1) Render its decision upon t…

Notes Haw. Code R. §§ 13-1-46 to 13-1-50

(a) The board may meet and exercise its powers in any part of the State of Hawaii. (b) Regular meetings of the board shall be held in Honolulu, on the second and fourth Fridays of each and every month; provided, however, that the board may establish another place or date for any …

This subchapter shall govern the department's practice and procedure relating to the administrative proceedings of civil resource violations of state law and to the assessment of administrative sanctions for such violations. This subchapter shall effectuate and carry out the purp…

As used in this subchapter, unless otherwise provided: "Administrative hearing officer" or "hearing officer" means an individual authorized by the board to conduct a contested case hearing or examine a mitigation request pursuant to this subchapter. "Administrator" means the indi…

(a) This subchapter is applicable to all divisions, offices and attached agencies of the department, except as otherwise provided by law, where a notice of civil resource violation has been issued pursuant to chapter 199D, Hawaii Revised Statutes and this subchapter. (b) Any crim…

Any violation of state law administered by the department for which an administrative sanction or penalty has been prescribed, including statutes, administrative rules, and permit and license terms and conditions imposed by the board or the department or any attached agencies, ma…

Whenever delegated by the chairperson, a deputy director of the department may act on behalf of the chairperson for the purpose of discharging a duty under this subchapter. When acting on behalf of the chairperson for this purpose, a deputy director of the department shall carry …

The chairperson shall appoint an administrator to manage the civil resource violations system of the department under this subchapter. Notes Haw. Code R. § 13-1-56 [Eff and comp 2/27/09] (Auth: HRS § 199D-1) (Imp: HRS § 199D-1)

Administrative hearing officers serving under this subchapter shall be nominated by the chairperson and appointed by the board at its meetings for a term of up to two years and may be removed with or without cause in the same manner or by expiration of appointment. Notes Haw. Cod…

(a) The board may delegate to the chairperson or an administrative hearing officer the power to render the final decision in a CRVS contested case. (b) Whenever the final decision making power is delegated to the chairperson, the chairperson shall only render the final decision a…

Representation in any proceedings conducted under this subchapter shall be governed by section 13-1-10 of this chapter. Notes Haw. Code R. § 13-1-59 [Eff and comp 2/27/09] (Auth: HRS § 199D-1) (Imp: HRS § 199D-1)

Unless provided otherwise by statute, four members of the board shall constitute a quorum to transact business and the concurrence of a simple majority of the members of the board shall be necessary to make any action of the board valid. Notes Haw. Code R. § 13-1-6 [Eff 6/22/81; …

(a) All documents subject to filing under this subchapter shall be filed with the administrator. All filings shall comply with section 13-1-12 of this chapter. (b) Service of documents shall comply with section 13-1-13.1 of this chapter. Notes Haw. Code R. § 13-1-60 [Eff and comp…

(a) The administrator or a conservation and resource enforcement officer shall have the power to issue a civil citation to any person who is charged with having committed a civil resource violation. (b) The administrator or a conservation and resource enforcement officer shall ha…

A notice of civil resource violation shall include, at a minimum, the following: (1) The respondent's name and current address if available; (2) A statement that the notice is being issued pursuant to chapter 199D, HRS. (3) A citation of the specific resource violation, including…

(a) A respondent who receives a violation notice shall, within twenty-one days of the service of the violation notice, answer the notice by a method indicated in the violation notice. (b) The department may assess a higher administrative fine for a civil resource violation if the…

In an answer to a notice of civil resource violation, the respondent shall choose from one of the following options: (1) Waive any contest to the notice of civil resource violation, and comply with all the monetary and non-monetary sanctions assessed therein; (2) Waive any contes…

Any counterclaim by a respondent against the state, the department, or the officer or official who has issued the violation notice shall be disallowed in an administrative proceeding conducted by the board or a hearing officer. Notes Haw. Code R. § 13-1-65 [Eff and comp 2/27/09] …

(a) When a respondent fails to answer a violation notice within twenty-one days of the violation notice or such further period granted by the administrator, or fails to attend a board hearing or a contested case hearing after proper service of notice, or otherwise fails to defend…

(a) When a respondent in an answer waives contest to the violation notice and has complied with all sanctions assessed, the administrator shall record a satisfaction of the violation notice and conclude the case. (b) An answer waiving contest but requesting mitigation shall be ad…

(a) The administrator shall retain an audio, video or stenographic record of all proceedings in a CRVS contested case for a period of not less than two years after the case is concluded. (b) Any party may obtain a certified copy of the audio or video record upon a payment of $10 …

(a) Notwithstanding provisions in subchapter 6, the procedure provided in this section shall apply when the final decision power is delegated to the chairperson or a hearing officer pursuant to section 13-1-58 of this subchapter. (b) After all evidence has been taken, the parties…

All orders and other actions of the board shall be authenticated or signed by the chairperson or other persons authorized by the board. Notes Haw. Code R. § 13-1-7 [Eff 6/22/81; am and comp 2/27/09] (Auth: HRS § 171-6) (Imp: HRS § 171-7)

(a) For the purposes of providing guidance in the assessment of administrative sanctions and promoting consistency within the department, there shall be adopted by the board an administrative sanctions schedule. (b) The administrator, divisions, and conservation and resource enfo…

For the purpose of assessing administrative fines and other sanctions on a civil resource violation, a prior criminal or administrative citation shall not subject the same person to being determined as a repeat violator unless a final judgment or administrative decision on the pr…

(a) Unless otherwise stated in a final decision, all administrative fines, other monetary assessments and non-monetary sanctions shall be due within thirty days of the service of the final decision imposing such fines and sanctions. (b) Unless otherwise decided by the board, upon…