Hawaii Administrative Code

Each respondent, within fifteen days after the receipt of the petition, may file and serve upon all parties a memorandum in opposition stating concisely and fully the respondent's position or contentions and reasons, including legal authorities. Notes Haw. Code R. § 16-201-53 [Ef…

Except where a petition has been denied pursuant to section 16-201-50 and subject to section 16-201-7, any interested person may request intervention in a proceeding for declaratory relief Any person permitted to intervene in a proceeding for declaratory relief may file and serve…

The authority or the hearings officer at any time may request of the petitioner or any party, a statement of additional facts or a memorandum, the purpose of which is to clarify a specific factual issue, position, contention, or issue provided the request shall aid the authority …

All parties shall be given written notice of the hearing of argument at least fifteen days before the time of the argument. The notice shall include: (1) The date, time, place, and nature of the argument; (2) The legal authority under which the argument is to be heard; (3) Partic…

Notes Haw. Code R. § 16-201-57 R 1/25/85

Notes Haw. Code R. § 16-201-58 R 1/25/85

Argument shall be heard either before the authority or a hearings officer duly designated. All parties shall be afforded full opportunity to present argument on all issues involved. The argument shall be at the time and place set forth in the notice of argument but at that time a…

Upon motion and for good cause shown, substitution of parties may be ordered provided that the substitution shall: (1) Be conducive to effectuating the ends of justice; (2) Not unduly delay the proceeding; and (3) Not otherwise unduly harass, hinder, or prejudice the rights of an…

If, at any time, it appears that there exists a genuine controversy of material fact the resolution of which is necessary before any order of declaratory relief may issue, or that the petition raises issues of public concern and interest that a proceeding for rule relief would mo…

(a) No party shall file written proposed findings of fact and conclusions of law except where ordered in the discretion of the hearings officer or the authority, whichever has conducted the hearing. (b) Where ordered, written proposed findings of fact and conclusions of law shall…

(a) When the argument has been held before the authority, the authority, as expeditiously as possible after the close of the argument or submission of all permitted or requested memoranda, whichever is later, shall issue its final decision and order. (b) When the petition has bee…

(a) When the argument has been held before a hearings officer, the hearings officer, as expeditiously as possible after the close of the argument or submission of all requested or permitted memoranda, whichever is later, shall file with the authority the hearings officer's recomm…

(a) Where the petition has been contested, any party adversely affected by the hearings officer's recommended decision within fifteen days after the receipt of a copy of the decision, may file with the authority written exceptions to the whole or any part of the recommended decis…

Notes Haw. Code R. § 16-201-65 R 7/6/90

The department or any interested person may petition the authority for the amendment, adoption, or repeal of a rule. The petition for rule relief shall set forth the text of the rule to be repealed, or the text of any proposed rule, the adoption of which is being sought, or the t…

(a) The authority, within the time permitted by chapter 91, HRS, shall either deny the petition or initiate public rulemaking procedures in accordance with this Subchapter and chapter 91, HRS. (b) Without limiting the generality of the foregoing, the authority may deny any petiti…

The authority shall promptly notify the petitioner in writing of its determination either to deny the petition or to initiate rulemaking procedures. If the authority denies the petition, the authority shall state the reasons for the denial in the notice to petitioner. Notes Haw. …

Unless otherwise provided by law, the petitioner shall have no right to move the authority for reconsideration or to seek judicial review of any determination. Notes Haw. Code R. § 16-201-69 [Eff 7/11/81; am and comp 1/25/85; comp 7/6/90] (Auth: HRS §§ 91-6, 26-9) (Imp: HRS §§ 91…

Upon timely motion and at the discretion of the authority or the hearings officer, the department or any person may be permitted to intervene and be admitted as a party in a proceeding before the authority or hearings officer if the department or that person has a substantial int…

The authority may require the petitioner or any person or the department 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 authority. Notes Haw. Code R. § 1…

Subject to sections 16-201-76 and 16-201-77, a public hearing shall be held for a petition for rule relief considered by the authority. The hearing shall be at the time and place set forth in the notice of public hearing but at that time and place may be continued from day to day…

Notice of the public hearing shall be made in accordance with the provisions of chapters 91 and 92, HRS. Notes Haw. Code R. § 16-201-72 [Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS § 91-6, 26-9) (Imp: HRS §§ 91-3, 92-41, 26-9)

At the commencement of the public hearing the member of the authority 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 t…

(a) A record shall be made of all oral testimony taken at the hearing which record may be written minutes or verbatim. (b) Testimony given at the public hearing may be electronically recorded verbatim by the authority at its sole discretion, either sua sponte or upon the request …

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

The requirements for public hearing and for notice thereof may be waived by the governor when the authority, as a condition to receiving federal funds, is required by federal provisions to adopt rules and the authority is allowed no discretion in interpreting the federal provisio…

(a) The authority may adopt emergency rules pursuant to the requirements of sections 91-3 and 91-4, HRS. (b) The authority's determination that there is imminent peril and the reasons therefor shall be stated in, and as a part of the emergency rule. (c) The authority shall make t…

The adoption, amendment, or repeal of any rule shall be subject to approval of the governor as provided for in section 91-3, HRS. Notes Haw. Code R. § 16-201-78 [Eff 7/11/81; am and comp 1/25/85; comp 7/6/90] (Auth: HRS §§ 91-6, 26-9) (Imp: HRS 91-3, 26-9)

Upon approval of the governor, certified copies of any rules being adopted, amended, or repealed shall be filed with the lieutenant governor and legislative auditor as provided in sections 91-4, 91-4.1, and 91-4.2, HRS. All rules being adopted, amended, or repealed shall take eff…

The authority or hearings officer sua sponte, or upon any party's motion timely made and for good cause shown, may consolidate two or more proceedings which involve substantially the same issues, arise out of the same general transaction, or involve the same person or persons, pr…

Nothing contained in this Subchapter shall be construed to prohibit or restrict the right of the authority, sua sponte, from initiating its own rulemaking proceeding on any matter, whether disclosed in any petition or not. Notes Haw. Code R. § 16-201-80 [Eff 7/11/81; comp 1/25/85…

(a) The purpose of this Subchapter is to clarify that any board or commission may issue informal interpretations in addition to and supplemental to any power to grant declaratory relief provided for elsewhere in this chapter. The purpose of this Subchapter is to facilitate prompt…

(a) Notwithstanding any rule by any board or commission adopting this chapter as its rules of practice and procedure, this Subchapter shall not require the issuance of informal interpretations. (b) Nothing in this Subchapter shall preclude any person from seeking any other type o…

The board or commission may delegate to a subcommittee of its members, a single member, or its executive secretary, the authority to review each request for an informal interpretation to determine whether the request is suitable for processing under this Subchapter and, if it is,…

(a) A board or commission may consider any written communication from any person asking a question for processing under this Subchapter; provided that the board or commission shall not proceed under this Subchapter in response to a properly drawn petition for relief under the pro…

Any matter on which an informal interpretation is to be rendered by a board or commission shall be included on the agenda of the board or commission. A copy of the agenda shall be sent to the person requesting an informal interpretation at the same time that notice of the meeting…

(a) Petitions, motions, and other pleadings shall be typed or printed in ten or twelve point pica or equivalent type size upon good quality paper, 8-1/2 x 11 inches in size and of at least sixteen weight, except that documentary exhibits may be larger, if folded to the size of th…

(a) The board or commission or executive secretary shall notify the requester of the informal interpretation in writing and shall state that the interpretation is for informational and explanatory purposes only and is not an official opinion or decision, and that it therefore is …

No appeal or review of an informal interpretation by any judicial or administrative tribunal or authority shall be allowed. Notes Haw. Code R. § 16-201-91 [Eff and comp 7/6/90] (Auth: HRS § 91-8) (Imp: HRS § 91-8)

Nothing in this Subchapter shall be construed to prohibit staff, including executive secretaries assigned to a board or commission or program, from giving advice and counsel to the public and to licensees and potential licensees on the law and rules relating to professions and vo…

(a) Subject to the exceptions allowed under section 431:10C-302, HRS, an insurer shall make available optional coverage for naturopathic, acupuncture, and nonmedical remedial care and treatment rendered in accordance with the teachings, faith or belief of any group which relies u…

Notes Haw. Code R. § 16-23-10 R 11/11/12

The application of the frequency of treatment guidelines set forth in this subchapter shall not be affected when the claimant changes the health care or alternative care provider. If a claimant receives treatments in excess of those specified in the guidelines, regardless of whet…

Notes Haw. Code R. § 16-23-101 R 11/11/12

Notes Haw. Code R. § 16-23-102 R 11/11/12

(a) When all the required care for a case reasonably falls within the range of qualifications of one health care provider, no other health care provider may claim a fee, except for consultation service or for surgical assistance. For groups of health care providers or hospitals w…

(a) Frequency and extent of treatment shall not be more than the nature of the injury and the process of recovery requires. Authorization is not required for the initial fifteen treatments of the injury during the first sixty calendar days, except for naturopathic, chiropractic a…