Proceedings Before the Board

CHAPTER 22.1

PROCEEDINGS BEFORE THE BOARD

§14-22.1-1 General provisions §14-22.1-2 Appearances and practices before the board §14-22.1-3 Disqualification of board member or hearing officer §14-22.1-4 Consolidation §14-22.1-5 Filing of documents §14-22.1-6 Amendment of documents and dismissal §14-22.1-7 Retention of documents §14-22.1-8 Computation of time §14-22.1-9 Continuances or extensions of time §14-22.1-10 Service of process §14-22.1-11 Board decision

Historical Note: Chapter 22.1 of Title 14 is based substantially upon Part II of the State civil service commission rules of practice and procedure. [Eff 6/26/78; R July 9, 1981]

§14-22.1-1 General provisions. (a) The board may hold proceedings as it may deem necessary in the performance of its duties or the formulation of its rules. (b) Procedures to be followed by the board shall be those which will best serve the purpose of the proceeding, as determined by the board.

22.1-1

§14-22.1-1

[Eff ] (Auth: HRS §91-2) (Imp: HRS §91-2)

§14-22.1-2 Appearances and practices before the board. (a) A person may appear in the person’s own behalf; and a public employer may appear in its own behalf or through a person or persons duly designated and authorized by the employer. (b) In any proceeding under these rules, any person or public employer may be represented by counsel or any other person to whom written or verbal authority has been given. (c) When an individual acting in a representative capacity appears in person or signs a paper in practice before the board, the personal appearance or signature shall constitute a representation to the board that, under these rules and the law, that person is authorized and qualified to represent the particular person. The board may at any time require any person transacting business with the board in a representative capacity to show that person's authority and qualification to act as a representative. (d) Limitations to appearances before the board are as follows: (1) No individual who has been associated with the board as a member, officer, employee, or counsel shall be permitted to appear before the board as a representative of any party in any proceeding or matter that the individual has handled or passed upon while associated with the board. (2) No person or agency appearing before the board in any proceeding or matter shall, in relation thereto, knowingly accept assistance from and compensate any individual who would be barred by this subsection. (3) No person who has been associated with the board as a member, officer, employee, or counsel shall be permitted to appear before the board as a representative of any party in any proceeding or matter that was pending before the board at the time of that person's association with the board, unless that

22.1-2

§14-22.1-5

person first obtains a written consent from the board. This subsection shall not apply to any individual or agency that has terminated association with the board for a period of one year. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§91-2, 91-9, 76-47)

§14-22.1-3 Disqualification of board member, hearing officer or other staff. Any party to a hearing may file an affidavit that one or more of the board members, subject matter experts, legal counsels, or a hearing officer has a personal bias or prejudice. The affidavit shall state the facts and reasons for the belief that bias or prejudice exists and shall be filed at least five days before the hearing, or good cause shall be shown for the failure to file it within that time. The person against whom the affidavit is so filed may answer the affidavit or may file a disqualifying certificate with the board. If the person chooses to answer the affidavit, the board shall decide by a majority of all the members (or the remaining members, where a board member is involved) whether that person should be disqualified from proceeding therein. Any person may file with the chairperson a certificate providing that the person is unable, for any reason, to participate with impartiality in the pending hearing. [Eff ] (Auth: HRS §91-2) (Imp: HRS §91-2)

§14-22.1-4 Consolidation. The board, upon its own initiative or upon motion, may consolidate two or more appeals that involve substantially the same parties or issues. [Eff ] (Auth: HRS §91-2) (Imp: HRS §91-2)

§14-22.1-5 Filing of documents. (a) All documents required to be filed with the board in any proceeding shall be filed at the office of the board at Honolulu, Hawaii, during normal working hours and within the time limits prescribed by law, the rules of

22.1-3

§14-22.1-5

the board or by order of the board. The date on which the papers are received shall be regarded as the date of filing. (b) Appeals shall identify the issue on appeal, including a concise statement of the relevant facts, and the remedy sought, including the rationale and legal basis, as appropriate, for the remedy. (c) All requests and appeals filed with the board shall be handwritten, typewritten, photocopied, or printed; shall be plainly legible; and shall be on strong, durable paper no larger than 8-1/2 x 11" in size, except that maps, charts, tables, and other like documents may be larger, folded to the size of the papers to which they are attached. (d) The original of all documents must be signed in indelible ink by the party or the party's duly authorized agent. The signature of the person signing the document constitutes a certification that the person has read the document; that to the best of that person's knowledge, information, and belief, every statement contained therein is true and is not misleading; and that it is not interposed for delay. (e) Unless otherwise specifically provided by a particular rule or order of the board, an original and six copies of all papers shall be filed. (f) All documents filed by any person or agency in any proceeding shall state on the first page thereof the name, mailing address, and telephone number, if any, of the individual or individuals who may be served with any documents filed in the proceeding. [Eff ] (Auth: HRS §§91-2, 91-6, 91-8) (Imp: HRS §§91-2, 91-6, 91-8)

§14-22.1-6 Amendment of documents and dismissal. If any document filed in a proceeding is not in substantial conformity with the applicable rules of the board as to contents thereof, is not in compliance with the procedures of the board, or is otherwise insufficient, the board may, on its own motion or on motion of any party, strike the document or require its amendment. If amended, the document shall be effective as of the date of receipt of the amendment. [Eff ] (Auth: HRS §§91-2, 91-6, 91-8)

22.1-4

§14-22.1-9

(Imp: HRS §§91-2, 91-6, 91-8)

§14-22.1-7 Retention of documents. All documents filed with or presented to the board shall be retained in the files of the board as required by law and in accordance with the State administrative requirements in effect at that time. The board may permit the withdrawal of original documents upon submission of properly authenticated copies to replace the documents. [Eff ] (Auth: HRS §§91-2, 91-6, 91-8) (Imp: HRS §§91-2, 91-6, 91-8)

§14-22.1-8 Computation of time. In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default, after which the designated period of time is to run, is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday in the State, in which event the period runs until the next day which is not a Saturday, a Sunday, or a holiday. Intermediate Saturdays, Sundays, and holidays shall not be included in a computation when the period of time prescribed or allowed is ten days or less. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§76-47, 91-2)

§14-22.1-9 Continuances or extensions of time. (a) Whenever a person or agency has a right or is required to take action within a period prescribed or allowed by these rules, the board may, upon motion and the concurrence of a majority of all the members to which the board is entitled, permit the act to be done after expiration of the specified period if the delinquency is shown to have been unavoidable and excusable. (b) The board may grant an extension of the usual time limits contained in section 14-25.1-2 to refile an appeal to those appellants whose timely appeal to the civil service commission was not heard before its expiration on June 30, 2002. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§76-47, 91-2)

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§14-22.1-10

§14-22.1-10 Service of process. (a) The board shall cause to be served all orders, notices, and other papers issued by it, together with any other papers that it is required by law to serve. All other papers shall be served by the parties filing them. (b) All papers served by either the board or any party shall be served upon all parties or their counsel. Any counsel entering an appearance after the proceeding shall notify all other counsel then of record and all parties not represented by counsel of that fact. (c) The final order, and any other paper required to be served by the board upon the parties, shall be served upon the parties and a copy shall be furnished to any counsel of record. (d) Service of papers shall be made personally or, unless otherwise provided by law, by first-class mail to the last known address. (e) Service upon parties, other than the board, shall be regarded as complete by mail upon deposit in the United States mail, properly stamped, and properly addressed to the parties involved. [Eff ] (Auth: HRS §91-2) (Imp: HRS §91-2)

§14-22.1-11 Board decision. All final orders, opinions, or rulings entered by the board in the proceeding shall be served upon the parties participating in the proceeding by regular mail or personal delivery by the board. The material shall be available for inspection and copies thereof may be obtained as provided under section 14-21.1-12. [Eff ] (Auth: HRS §91-2) (Imp: HRS §§91-2, 91-12)

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§14-23.1-1

HAWAII ADMINISTRATIVE RULES

TITLE 14

DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT

SUBTITLE 2.1

RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD