Rules of Practice and Procedure

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT TOURISM AND TOURISM

Adoption of Chapter 15-300 Hawaii Administrative Rules Hawaii

May 1, 2007 May

SUMMARY

Chapter 300 of Chapter of Title Title 15, Hawaii Hawaii Administrative entitled "Rules of Rules, entitled of Practice Practice and Procedure" is is adopted.

759

HAWAII ADMINISTRATIVE RULES HAWAII

15 TITLE 15

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT TOURISM AND TOURISM

14 SUBTITLE 14

HAWAII HOUSING HAWAII CORPORATION HOUSING FINANCE AND DEVELOPMENT CORPORATION

CHAPTER 300 CHAPTER

RULES OF PRACTICE AND PROCEDURE

Subchapter 1 Subchapter General Provisions General

§15-300-1 Purpose §15-300-2 Definitions §15-300-3 location Business hours and location §15-300-4 Applicability of rules §15-300-5 §15-300-5 Meetings §15-300-6 Agenda §15-300-7 Notice §15-300-8 Minutes Minutes §15-300-9 Quorum and number Quorum number of votes necessary for action §15-300-10 Submittal and filing Submittal filing of documents §15-300-11 Extensions of time §15-300-12 Amendment of documents Amendment §15-300-13 Retention of documents S15-300-14 §15-300-14 Access to Access to corporation records §15-300-15 to corporation Limitation on access to records §15-300-16 Authentication of corporation's documents §15-300-15 Inclusion on agenda Inclusion §15-300-18 the Limitations on testimony before the board

30{)-1 300-1

Subchapter 2 Subchapter the Board Proceedings Before the

§15-300-21 General rule General rule §15-300-22 Appearances before the board §15-300-23 §15-300-23 member of board or Disqualification of member or hearings officer §15-300-24 §15-300-24 Board proceedings, generally generally §15-300-25 Board's decision §15-300-26 Request for reconsideration of board's Request decision §15-300-27 Limitation of time; appeal appeal to to the the court circuit court §15-300-28 §15-300-28 to appear Failure to appear §15-300-29 §15-300-29 Procedure before a hearings officer; to board transmittal to

Subchapter 3 Subchapter Contested Cases

§15-300-41 applicability Contested cases; applicability §15-300-42 Commencement Commencement of case §15-300-43 §15-300-43 Contents of petition petition §15-300-44 §15-300-44 Action by board §15-300-45 Board proceedings §15-300-46 Response §15-300-47 Notice §15-300-48 Burden of proof; evidence §15-300-49 §15-300-49 at hearing Procedure at §15-300-50 fact and Proposed findings of fact· law conclusions of law §15-300-51 Board's final decisions, orders, findings of fact, and conclusions of law law §15-300-52 Procedure before a hearings officer; transmittal toto board

Subchapter 4 Subchapter Declaratory Relief Declaratory

§15-300-71 General provisions; contents of General petition for declaratory declaratory relief

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§15-300-72 Memorandum of authorities in Memorandum in support support of petition petition §15-300-73 argument Notice of argument §15-300-74 Argument Argument §15-300-75 Board proceedings §15-300-76 Proposed findings of fact and law conclusions of law §15-300-77 Board's final decisions, orders, findings of fact and conclusions of law law §15-300-78 Procedure before a hearings officer; to board transmittal to §15-300-79 effect Order, effect

Subchapter 5 Subchapter Rule Relief

§15-300-91 General provisions; contents of General petition for rule relief §15-300-92 Disposition §15-300-93 §15-300-93 Additional facts Additional facts or or supplemental supplemental memorandum memorandum §15-300-94 Notice of determination §15-300-95 Determination final

Subchapter 6 Subchapter Other Provisions Other

§15-300-121 Forms §15-300-122 Gender and number Gender number §15-300-123 Severability

Chapter 300 of Title 15, Hawaii Historical Note: Chapter Historical Hawaii is based substantially Administrative Rules, is substantially upon Chapter 301 of Title Chapter Title 6, Hawaii Hawaii Administrative Rules, am and comp 7/5/96; R 10/25/99], chapter [Eff 6/15/91; am [Eff chapter 15-160, Hawaii Hawaii Administrative Rules, [Eff 10/25/99, 10/25/99, R, 10/3/05],, and chapter 17-2000, Hawaii Hawaii Administrative 10/3/05] Rules. [Eff 10/3/05]

300-3 300-3 ��� ��

§15-300-1

SUBCHAPTER 1

GENERAL PROVISIONS

§15-300-1 Purpose. These rules are adopted to chapters 91 and 92, Hawaii pursuant to pursuant Hawaii Revised Statutes ( "HRS"), 11 ) , implement chapter and implement chapter 201H,. HRS, HRS, and the following address the following objectives: (1) To govern the the practice before thethe Hawaii Hawaii finance and development housing finance development corporation; and and - (2) To secure the the just just and efficient efficient determination of proceedings before the the Hawaii housing finance Hawaii finance and development development corporation. [Eff [EffJLJNJUN 157nl'I-, I5nm» ] (Auth: HRS HRs §201H-4) -4) (Imp: Chapter 201H) HRS Chapter

§15-300-2 Definitions. Whenever §15-300-2 Whenever used inin this specifically defined: chapter, unless otherwise specifically "Board" means the board of directors of the "Board" Hawaii housing finance Hawaii finance and development development corporation corporation as defined by section section 201H-2, HRS. HRS. "Bylaws" means, pursuant "Bylaws" pursuant to to chapter chapter 91, HRS, the instrument under legal instrument under which the corporation conducts management, and effectuates its organization, internal management, its its purposes, powers, and programs. its "Chairperson" means "Chairperson" means the the duly selected chair of the corporation or the board of the the or a designated representative.. "Corporation" means "Corporation" means the the Hawaii Hawaii housing finance finance development and development corporation its its board, and any branch, division, or or section section of the corporation. "Declaratory "Declaratory relief" means the relief" means the corporation's declaration as toto the the applicability applicability oror non- non­ applicability applicability with respect respect to to a factual situation situation of rule or any rule or order order of the the corporation corporation or statute or of a statute which the the corporation isis required required toto administer administer or or enforce.

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§15-300-2 §15-300-2

"Directors" means "Directors" means the members members of the board of directors as defined in in section section 201H-3, HRS, and the bylaws of the corporation. "Executive director" "Executive director" means means the executive director director corporation or of the corporation or the the executive executive director's director's designated representative. "Government record" "Government record" means information information maintained by an agency in in written, auditory, visual, electronic, or other or other physical physical form form as as defined defined in in section section 92F-3, 92F-3, HRS. officer" means "Hearings officer" means any person, duly appointed andand authorized authorized by the board to hold aa to hold hearing forfor the the purpose purpose of taking evidence or or oral oral argument and argument and making a recommended decision in in any before the matter before matt~r the board. "Meetings" means "Meetings" means the convening of the board following due notice as prescribed following under chapter prescribed under chapter 92, 92, bylaws of the corporation. HRS, and the bylaws corporation" means "Officers of the corporation" means the the same as contained in in the corporation's bylaws. "Party" means "Party" means the corporation, if named, permitted, or or entitled entitled as of right to to participate in in a each person named in proceeding, each in a proceeding, or any person permitted or or entitled entitled as of right to to participate in participate in aa proceeding before the corporation in in capacity of the capacity of aa petitioner, claimant; claimant, respondent, ntervener, or intervener, or in in a capacity capacity other other than than that of a witness. witness. "Person" means "Person" means an individual, partnership, association through a representative, or corporation, association or public or public or private private organization organization of any character otherother than the than the corporation. corporation. "Petition" means "Petition" means an an application application toto the the corporation by by a party which seeks relief under under these rules. rules. "Petitioner" means "Petitioner" initiates aa means a party who initiates proceeding. proceeding. "Practice and procedures" means "Practice means these rules of and procedures before the practice and the corporation. "Proceeding" refers to to any matter brought before matter brought the corporation or or the board for action action following following due

300-5 300-5 ��� � � ��

§15-300-2 §15-300-2

consideration of of the objectives, goals, policies, and related matters of all related of the corporation. Respondent "11 means " Respondent 11 means the party against against whom whom a petition isis filed, the party againstagainst whom is whom relief is sought or, any party who contests or sought or controverts a proceeding. " "Rule relief "11 means means the adoption, modification, or repeal or repeal of any rule rule by the corporation. " Rules "11 ,, pursuant 11 pursuant to to chapter chapter 91, HRS, HRS, refers to to adopted rules of each program program administered by the corporation. jlJN 15?007 [Eff JUN [Ef 2007 ] (Auth: HRS §201H-4) (Imp: HRS §§91-1, §201H-4) §591-1, 201H-3, 201H-4)

§15-300-3 Business hours and location. §15~300-3 (a) principal office of The principal of the corporation corporation is is at 677 Queen Street, Suite 300, Honolulu, located at Hawaii 96813.. All Hawaii All communication to to the corporation, specifically its including specifically its board and chairperson, transmitted to shall be transmitted to the ~he corporation's office. principal office (b) The principal office of of the corporation corporation through Friday, holidays shall be open Monday through from 7:45 excepted, from 7:45 a.m. to to 4:30 4:30 p.m. of each week day, unless otherwise provided by statute statute or or executive order. [Eff JUN 1 5 [Eff 2007 52007 1] (Auth: HRS §201H-4) §201H-4) • (Imp: HRS HRS§§§§ ao...:1, 80-1, 201H-4)

§15-300-4 Applicability of §15-300-4 of rules. The rules under this under this chapter shall apply to to all practices and procedures ofof the corporation, provided that where these rules are inconsistent with the these the corporation's under another rules under another chapter, thesethese rules shall be superseded by the specific specific rulerule of practice and other chapter. The board shall procedure of the other shall refer to to Robert's Rules of Order Order for guidance on procedural procedural not addressed in matters not in the the corporation's rules or or in in law. [Eff JUN 15?flfli [Eff 9 0 n7 ]] (Auth: HRS §201H-4) (Imp: §201H-4) HRS §201H-4)

0n7 5 9 300-6

§15-300-l00 §15-300-1

§15-300-5 Meetings. The corporation shall hold §15-300-5 hold meetings as defined and,:r,rescribed p rescribed under under article article VII VII of the bylaws. [Eff [Ef JUN LIUN 15 2007 ) ] {Auth: (Auth: HRS (Imp: HRS §201H-4 §201H-4) {Imp:

§15-300-6 Agenda. §15-300-6 Agenda. The executive director shall the agenda for the prepare the the meetings of the board, as by the directed by directed the chairperson. [Eff J U chairperson. . [Eff JUNN 15 2007 15 2007 1 (Auth: {Auth: HRS §201H-4) (Imp: {Imp: HRS §201H-4)

§15-300-7 Notice. Notice of the meetings of the satisfy the board shall satisfy the requirements of section 92-7, HRS. HRS. [Ef ff JUN 15 2007 [Ef 2007 ] {Auth: (Auth: HRS §201H-4) (Imp: §201H-4) {Imp: HRS §92-7)

§15-300-8 Minutes. The corporation shall §15-300-8 written minutes in maintain written in compliance with section section -9 HRS. 92-9, HRS. [E J 1 5 2007 f JUN [Eff 152007 ] 1 (Auth: {Auth: HRs HRS s201H-4) §201H-4) (Imp: HRS §92-9) {Imp:

Quorum and number §15-300-9 Quorum number of votes necessary for action. the board shall Five directors of t~e quorum and the affirmative constitute a quorum constitute affirmative vote of at five directors shall determine any action. least five 2007 1] {Auth: JUN 152007 [Erf JU [Eff (Auth: HRS HRs §201H-4) s201H-4) {Imp: (Imp: HRS §201H-3)

Submittal and filing §15-300-10 Submittal filing of documents. All documents and requests to (a) All {a) to the corporation corporation of in writing every nature shall be in writing addressed to to the the board, or executive director, the or the the chairperson, as under the circumstances, and may be appropriate under may and· transmitted to transmitted to the the corporation within the the time limits or by order prescribed by law, rules, or the order of the filing corporation. The date of filing shall be established established the corporation's time-date by the time-date stamp on the document.

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§15-300-10

(b) All All documents filed filed with the corporation shall be either written in in dark ink, typewritten, reproduced, or or printed; shall be plainly legible, legible, and shall be on strong, durable paper paper no larger than 8- 1/2 11" x 11 11" in 1/2 in size, unless otherwise specified specified by thethe corporation, except except that maps, charts, tables, and other like other like documents may be larger, folded folded toto the size size of the papers to of to which they are attached. (1 All documents filed All filed by any person or or agency in any proceeding shall state in state on the the first page thereof thethe name, mailing address and business telephone number, if if any, of the the individual who maymay be served served with any filed in documents filed in the proceeding; (2) original of each document The original document shall be signed inin black ink ink by the the party; and (3) Reproduction may be by any process, provided provided all copies are clear and permanently legible. (c) AllAll documents must must be signed signed by the the party or or the party's agent. The signature ofof the the person constitutes a. a. verification verification that the person has read the document, that to the to the the best best of the the person's knowledge, information, and belief, every statement statement therein is true contained therein is true and no such statement is statement is misleading; and that it is is not not interposed interposed for delay. (d) Unless otherwise required by these these rules oror the corporation, there the there shall be filed filed with the the corporation an originaloriginal and ten ten copies of each paper. Additional papers shall be promptly provided upon Additional request of the request the executive director or or chairperson. zaor JJN 15ZJ0T (Eff JUN 15 [Ef §201H-4) ] 1 (Auth: HRS §201H-4) (Imp: HRS

§15-300-11 Extensions of time. Unless otherwise in this chapter, whenever provided in whenever a party is is required required to take action within a period of time prescribed or to or or rule, the allowed by applicable order, statute, or the chairperson may:

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§15-300-14 §15-300-14

written stipulation Approve aa written (a) Approve (a) stipulation signed signed by by all all extending such parties extending parties such time time period; period; or or (b) Extend (b) Extend such such time time period upon written period upon written request request of the of the party party ri{IeSEi g the extension r~~tin9..the extension for for good cause good cause shown. shown. [Eff \JUN [Eff JUN 1~7'0U/ 157]0/ ]] (Auth: (Auth: HRS HRS §201H-4) §201H-4) (Imp: HRS (Imp: HRS §§91-9(D), §S91-9(D), 201H-4) 201H-4)

§15-300-12 Amendment §15-300-12 Amendment of of documents. documents. If If any any document filed document filed with with the the corporation corporation is is not not inin substantial conformity substantial conformity with applicable rules with applicable rules ofof the the corporation, the corporation, the corporation corporation may may accept accept and and file file such such documents and documents and may may request request thethe filing filing of of an an amended amended document in document in conformance conformance withwith the the applicable applicable rules. rules. The mere The mere fact fact ofof filing filing shall shall not not waive waive any any failure failure toto comply with comply with these these rules, rules, or or any any other other legal legal requirement. If requirement. If an an amended amended document document isis requested requested by by corporation, the the corporation, the the amended amended document document shall shall bebe effe° jl Jii effecJ;-h~e.. 2Rf# ~s Qi the the date date the the corporation corporation receives receives it. it. [Eff JUN 152007 [Eff UN 1t>20U/ ] (Auth: HRS 5201H-4) (Imp: HRS ] (Auth: · HRS §201H-4) (Imp: HRS §201H-4) §201H-4)

§15-300-13 Retention §15-300-13 Retention of of documents. documents. TheThe corporation shall corporation shall retain retain all all documents documents filed filed with the with the corporation in corporation in its its files. files. The The executive executive director director may may the withdrawal permit the permit withdrawal of of original original documents documents upon upon submission of submission of properly properly authenticated authenticated copies copies to to replace replace the original the original documents. documents. [Eff JUN [Eff JUN 155 2007 2007 1] (Auth: (Auth: HRS §201H-4) HRS §201H-4) (Imp: (Imp: HRS HRS §201H-4) §201H-4)

§15-300-14 Access §15-300-14 Access toto corporation corporation records. records. (a) (a) government records All government All records ofof the the corporation corporation shall shall be be open for open for inspection inspection in in the the principal principal office office of of the the corporation during corporation during established established business business hours, hours, unless unless access to access to such such records records is. is- restricted restricted oror closed closed by by law. law. (b) A (b) A request request for access to or copies of for access to or copies of government records government records shall shall be be made made in in writing writing to to the the executive director executive director and and shall include aa clear shall include clear and and concise description concise description of of the the records records sought. sought. All All such such

300-9 300-9 277 59

§15-300-14 §15-300-14

requests must requests must be be signed signed byby the the requesting requesting party party or or the the party's authorized party's representative. authorized representative. (c) The (c) The corporation corporation shall shall not not bebe required required to to compilation or prepare aa compilation prepare or summary summary ofof its its records records in in response to response to aa request request for for records. records. (d) Copies (d) Copies of of the the government government records records shall shall bebe available in available in accordance accordance with with subsection subsection (b),(b), and and payment of payment of the the reasonable reasonable costs costs ofof reproduction reproduction setset forth in forth in section section 92-21, 92-21, HRS, HRS, and and the the fee fee for for searching, reviewing, searching, reviewing, or or segregating segregating the the records records asas set forth set forth by the office by the office ofof information information practices, practices, in in chapter 5-43, chapter 5-43, Hawaii Hawaii Administrative Administrative Rules. Rules. Reasonable Reasonable costs of costs of reproduction reproduction shall shall include, include, but but are are not not limited to, actual limited to, actual time time for for reproduction, reproduction, material material costs, including electricity costs, including electricity cost, cost, equipment equipment and and equipment rental equipment rental costs, costs, costs costs for for certification, certification, andand labor costs labor costs for for monitoring monitoring the the public public inspection inspection of of the records the records toto prevent prevent theft, theft, loss, loss, defacement, defacement, or or alteration alteration ofof the the records. records. JJ!N 15 7001 [Eff .II [Ef 15 2007 l] (Auth: HRS HRS §92F-ll) §92F-11) (Imp: (Imp: §§§§ 91f-ll, 92111, '.92-21) 92121)

§15-300-15 Limitation §15-300-15 Limitation on access access to to corporation corporation records. records. Access to corporation Access to corporation records records is is subject subject to to the limitations the limitations set set forth forth in in section section 92F-13, 92F-13, HRS. HRS. (Erf [EffJLJN152007 JUN152007 1 (Auth: HRS ]·(Auth: §92F-11) (Imp: HRS §92F-ll) (Imp: HRS HRS §92F-13) §92F-13)

§15-300-16 Authentication of §15-300-16 of corporation's corporation's documents. The executive director is authorized documents. The executive director is authorized toto certify as certify as to to the the authenticity authenticity of of documents documents_ on file onn..tile , in in the offices the offices of of the the corporation. corporation. JUN 15 7001 [Eff JUN 151~\.H [Eff (Auth: HRS HRS §201H-4) §201H-4) (Imp: (Imp: HRS HRS §201H-4) §201H-4)

§15-300-15 Inclusion ~15-300-15 Inclusion on on agenda. agenda. (a) Requests (a) Requests from members from members of of the the public public to to be be included included on on the the agenda of aa board meeting shall shall be in in writing writing and must must be received by the executive director atat least twenty twenty calendar calendar days before the scheduled board meeting. The

300-10 ��� ��

§15-300-21

request shall request shall be summarized, and shall include the action being requested by the board. action (b) The (b) The name of the requesting requesting party shall be placed on the agenda for the next the_agenda next scheduled board meeting except except when the chairperson determines thatthat volume or . the vqlume or substance of the items scheduled for the next meeting or the location next location thereof warrant warrant the· placement of the requesting placement requesting party's name on the agenda subsequent board meeting. of a subsequent (c) The (c) The corporation shall maintain a list of all names and addresses of persons who have requested, in writing, notification of the board's meetings. The list shall be updated annually. (d) Written.requests to (d) to the board requiring requiring a response shall be accompanied by a stamped, self- addressed envelope. [Eff JUN [Ef JUN 15 15 ]1 (Auth: (auth: HRS § 2 01H-4) lH- (Imp: HRS § 9 2-7) (Imp: 2007

§15-300-18 Limitations on testimony before the board. (a) The board may (a) length of each may limit the length oral testimony to person's oral to three minutes minutes.. accept oral (b) The board shall only accept (b) oral testimony related to related to items on the agenda for the meeting at which the testimony is which the testimony is offered. offered. JUN 15 [Eff JUN [Eff 1 2007 2007 (Auth: HRS §201H-4) (Imp (Auth: §92-3). (Imp:: HRS §92-3).

SUBCHAPTER 2 SUBCHAPTER

PROCEEDINGS BEFORE THE BOARD

General rule. All §15-300-21 General All persons artd and shall comply with these rules of practice and parties shall appearing before the board. procedure when appearing board. The board may waive, modify, or suspend any of the provisions of chapter to this chapter to the extent extent permitted by law. AllAll persons and parties shall have a reasonable to present opportunity to present evidence and argument argument on all JUN 152007] the issues involved. [Eff JUN 152007 l (Autth: HRS (Imp: HRS §§91-9 §201H-4) (Imp: S91-9(d), (d), 201H-4)

�� �� 300-11 300-11

§15-300-22

Appearances before the §15-300-22 Appearances the board. (a) A party toto a proceeding before the board may appear in may appear in person oror through an authorized representative if the party isis an individual; through an authorized representative if the party is representative is a partnership, corporation, trust or or association; or or through an officer or officer or employee if the party is is a State agency or or political subdivision political subdivision of the State. (b) The board may at any time require may at require an authorized representative of of a party toto demonstrate or or prove that he or or she has the authority to authority to act in in such capacity. (c) AnAn appearance before the board may be made made by speaker telephone or or other other electronic electronic means, with the approval the approval ofof the the chairperson. chairperson. [Eff .IUN l 5 [Ef JJN za,i" 152007 (Auth: HRS §201H-4) (Auth: HRS §2 OlH-4) (Imp: HRS §201H-4) HRS §201H-4 j -

§15-300-23 Disqualification of §15-300-23 of member member of board or hearings officer. No matter or matter shall be heard by a member of the board or member or by a hearings officer who: (a) Has any pecuniary interest in in the the matter matter being heard; or or (b) third degree by blood related within the third Is related or marria or marria~eg to to any party to to the proceeding. (srf LJUN l15 2007' [Ef JUN 1] (Auth: Auth: HRS §201H-4) (Imp: HRS §201H-4)

§15-300-24 Board §15-300-24 Board proceedings, generally- The generally. The following shall apply to following to proceedings before the board under subchapter under subchapter 3, contested cases, and subchapter 4, declaratory relief: (1) Unless otherwise provided inin this chapter, all documents, as required all required by these rules, other documents including memoranda and other including requested by the board, shall be filed requested filed with corporation prior the corporation prior to to the date of of the proceeding; (2) The board, atat the written request request of a party to the proceeding, shall have the power to power to to issue subpoenas as provided under under law,

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§15-300-24 §15-'300-24

requiring the attendance of witnesses or the requiring the production of documents at the the hearing. The party requesting requesting the issuance issuance of a subpoena shall identify shall identify with particularity particularity the the person or or documents toto be subpoenaed. Witnesses so so shall be paid the summoned shall the same fees fees as areare paid witnesses inin the courts in in the the State State of Hawaii and such fees, including Hawaii including mileage, shall be paid by the party who requests the shall the issuance of the subpoena. The board may deposit of such fees require deposit fees by the the requesting party pefore requesting before the the issuance of the the subpoena. The board may may deny or modify the the the subpoena, if issuance of the if it is is unreasonable oror oppressive or fails fails toto comply with the requirements underunder law; ( 3) Witnesses shall be placed under Witnesses under oath oath prior to testifying; to (4) The proceeding shall be recorded, but but it not be necessary to shall not transcribe the totranscribe the requested by the record unless requested the party. The proceedings shall be tape recorded proceedings recorded unless a party requests the services of a courtcourt reporter to reporter to record the the proceeding verbatim verbatim.. In court reporter event a c;:ourt .In the event reporter is is requested, secretary to the secretary to the board shall be given notice thereof atat least seven calendar days prior to the commencement prior to commencement of thethe proceeding. cost of the transcriptions of the The cost the proceedings shall be borne by the the requesting requesting party; (5) A party may submit written may submit written requests to to the the board regarding regarding a matter matter pending before the the board prior to the commencement prior to commencement of thethe proceeding. chairperson may, but proceeding. The chairperson but shall not be required not required to, issue issue a ruling ruling on thethe request prior to request prior to the commencement commencement of the the proceeding; (6) stated in Rules of evidence as stated in section section 91- 10, HRS, HRS, shall apply;

300-13 3.Q0-13 2 759 59

§15-300-24 §15-300-24

(7 (7 An offer of An offer of proof proof for for the the record record shall shall consist of consist of aa statement statement of of the the substance substance ofof the evidence the evidence toto which which objection objection has has been been sustained; sustained; Documents offered (8) Documents (8) offered inin evidence evidence shall shall be be accepted upon accepted upon ruling ruling ofof the the chairperson; chairperson; (9) (9) Proposed findings Proposed findings ofof fact, fact, conclusions conclusions of of law, decisions law, decisions and and orders orders shall shall not not be be accepted unless accepted unless submitted submitted nono later later than than seven business seven business days days after after the the day day the the proceedings were proceedings were concluded, concluded, or or such such other other time as time as may may be be established established by by the the board board or or hearings officer; hearings officer; and and (10) Appeal (10) Appeal of of aa decision decision may may be be made made to to the the circuit court, circuit court, asas provided provided by by law. law. (E rr JUN [Eff ) 15 2007 ]1 •(Auth: (Auth as §201H-4) HRS s201µ-4) (Imp: HRS (Imp: HRS §§91-14, §S91-14, 92-16, 92-16, 201H-4) 201H-4)

§15-300-25 Board's §15-300-25 Board's decision. decision. With With respect respect to to proceedings before proceedings before the the board under subchapter board under subchapter 3, 3, cases, subchapter ccontested cases, subchapter 4, 4, declaratory declaratory relief, relief, andand for reconsideration, for reconsideration, all all final final orders, orders, rulings, rulings, decisions or decisions or actions actions entered entered by by the the board shall be board shall be filed with filed with the the corporation. corporation. [Eff JUN 15 2001 [Eff JUN 1 5 2007 ]1 (Auth: HRS (Auth: HRS §201H-4) §201H-4) (Imp: (Imp: HRS HRS §201H-4) §201H-4)

§15-300-26 Request §15-300-26 Request for for reconsideration reconsideration ofof board's decision. board's decision. (a) Any (a) request for Any request for reconsideration of reconsideration of an an order, order, ruling, ruling, decision, decision, oror action of action of the the board board shall shall be be made made in in writing writing and and shall shall be filed be filed with with the the corporation corporation within within ten ten days days of of the the order, ruling, order, ruling, decision, decision, oror action. action. TheThe request request shall shall state the state the grounds grounds for for the the request request for for reconsideration reconsideration and may and may be be summarily summarily denied denied if if it it appears appears from from the the request that there is no new, relevant evidence on request that there is no new, relevant evidence on the the matter to matter to present present to to the the board. board.

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§15-300-29 §15-300-29

(b) receipt of the request, the chairperson Upon receipt shall: (1) Assign the request request for reconsideration for further proceedings either before the board or before a hearings officer; or 0r (2) request on the ground that no new, Deny the request relevant evidence exists to relevant to support support the request for reconsideration. request ( c Notice pursuant pursuant to to section section 91-9, 91-9, HRS, HRS, shall be provided to to all parties upon the scheduling scheduling of a hearing before the board or or a hearings officer. (d) When the hearing is is held before a hearings entire record officer, the entire record shall be transmitted transmitted toto the action together with the recommended board for action recommended. timely filed decision, any timely filed exceptions, and any timely timely filed statement filed statement inin support support of the reconsideration. ff JUN 15?noz [Eff (E 152Q07 1] (Auth: (Auth: HRS HRS §201H-4) (Imp: HRS $201H-4) (Inip: HRS §S91-11, 201'i1-4) §§91-11, 201M°4)

§15-300-27 §15-300-27 appeal to Limitation of time; appeal to circuit circuit Appeal of the corporation's final order, court. Appeal action may ruling, decision, or action to the circuit may be made to court as court as provided provided by by law. JJN 151rm7 [Eff JUN law. [Eff ]57M07 l] (Auth: (Auth: HRS §201H-4) HRS §201H-4) (Imp: HRSHRS §91-14) §91-14)

§15-300-28 §15-300-28 to appear. If any party Failure to fails to fails to appear appear at at the scheduled proceeding without without good cause, the board may proceed inin the absence of the party and may issue the issue any decision or or order order it deems just and equitable under just under the circumstances, including including dismissal of the party's claim dismissal claim for relief and reimbursement of costs, if reimbursement if such has been incurred. [Eff JUN 152007 [Eff 152007 ] (Auth: HRS 1 (Auth: HRs §201H-4) (Imp: HRS· s201H-4) (Imp: HRS §201H-4) §201H-4)

§15-300-29 Procedure before a hearings officer; §15-300-29 to board. transmittal to (a Upon conclusion of the following proceedings before the hearings officer and following timely submittal of proposed findings of fact, the timely fact,

300-15 3-00-15 27 59 ·2··7

§15-300-29 §15-300-29

conclusions of conclusions of law, law, and and decision decision and and order, order, the the hearings officer hearings officer shall prepare aa recommended shall prepare recommended decision decision in the in the matter matter for for the the board. board. (b) If {b) If the the recommended recommended decision decision isis adverse adverse to to any party any party toto the the proceeding proceeding other other than than the the corporation, the corporation, the recommended recommended decision decision shall contain aa shall contain statement of statement of the the reasons reasons therefor therefor and and shall shall include include aa determination of determination of each each issue issue of of fact fact oror law law necessary necessary to the to the recommended recommended decision decision and and it it shall shall be be served served upon all upon all parties. parties. AnyAny party adversely affected party adversely affected byby the the recommended decision recommended decision maymay file file exceptions exceptions thereto thereto and and may submit may submit written argument in written argument in support support ofof the the exceptions to exceptions to the the board, board, provided provided that that the the exceptions exceptions and argument and argument shall shall be be filed filed within within tenten days days of of the the service of service of the the recommended recommended decision, decision, or or within within such such other time other time as as may may be be designated designated by by the the hearings hearings officer. officer. (c) Following {c) Following thethe expiration expiration of of the the time time specified in specified in subsection subsection (b),(b), or or if if not not applicable, applicable, following preparation following preparation of of the the recommended recommended decision, decision, the the hearings officer hearings officer shall shall transmit transmit the the entire entire record record toto the the board for action board for action together together with with the the recommended recommended decision, any decision, any timely timely filed filed exceptions exceptions thereto, thereto, and and any any timely submitted timely submitted written written arguments arguments in in support support ofof the the exce pti ns. exceptions. JJN 15 200 Eff JUN [Eff 'Z.0017 1] (Auth: (Auth: HRS HRS §201H-4) §201H-4) (Imp: HRS (Imp: HRS §91-11) S91-11)

SUBCHAPTER 33 SUBCHAPTER

CONTESTED CASES CONTESTED CASES

§15-300-41 Contested §15-300-41 Contested cases; cases; applicability. applicability. The The right to right to aa contested contested casecase hearing hearing shall shall exist exist where where provided forfor by by administrative administrative rule rule of of the the corporation corporation or where or where required required byby law. law. The The right right to to hearing hearing shall shall only be afforded to the person affected by the action only be afforded to the person affected by the action or decision or decision ofof the the corporation, corporation, unless unless otherwise otherwise provided provided by by rul·e rule ofof the the corporation corporation or or by by law law.. tEff .\\\N [Eff JUN 15?.001 157007 1] (Auth: (Auth: HRS HRS §201H-4) §201H-4) (Imp: (Imp: HRSHRS §591-4' 111-9, §§91-~~, i11-9, 201H-4, 201H-4, 516-7) 516-7)

�� � � 300-16 300-16

§15-300-44

Commencement of §15-300-42 Commencement of case. case. A contested A contested case shall case shall commence commence byby the the filing of aa petit filing of for aa ion for petition permitted relief with the board. Unless otherwise permitted relief with the board. Unless otherwise provided by provided by rule rule ofof the the corporation corporation or or by by law, law, the the petition shall be petition shall be filed filed within within thirty thirty days days of of the the action or action or decision decision ofof the the corporation corporation for for which which contested case contested case hearing hearing isis sought. sought. Upon Upon the the filing filing petition, the of aa petition, of the corporation corporation shall shall docket docket the the petition and assign petition and assign aa docket docket number number to the petition. to the petition. [Eff JUN 152007 [Eff 2007 1] (Auth: (Auth: HRS HRs §91-9, s91-9, · 201H-4) (Imp: HRS §201G-4) (Imp:

Contents of §15-300-43 Contents of petition. petition. {a) The (a) The petition shall petition shall state state the the following: following: (1) Name, (1) Name, address, address, telephone telephone number number of of the the petitioner and the petitioner's legal petitioner and the petitioner's legal counsel, if counsel, if any, any, which which shall shall be be updated updated by by the petitioner the petitioner at at all all times; times; (2) A (2) brief and A brief and concise concise factual factual statement statement of of the the petitioner's claim; petitioner's claim; The law (3) The (3) law or or rule rule involved; involved; (4) The (4) The names names of of all all respondents respondents or or identities identities against whom the petition is brought; and against whom the petition is brought; and (5) A (5) brief statement A brief statement of of the the relief relief sought sought by by the petitioner. the petitioner. {b) If (b) If the the petition petition is is not not in in substantial substantial compliance with compliance with subpart subpart (a), {a), the the board board may may refuse refuse to to file the file the petition petition and and may may request request the the petitioner petitioner to to submit ,~n submit � amended amended petition petition in in compliance compliance thereto. thereto. �UN 152007 [Eff ,1uN [Eff � 152007 1] (Auth: (Auth: HRS §201H-4) (Imp: (Imp: HRS §91-2)

§15-300-44 Action by §15-300-44 Action by board. board. UponUpon the the filing filing of of petition, the the petition, the the chairperson chairperson shall shall assign assign the the petition for further petition for further proceedings proceedings before before the the board board or or assign the matter to a hearings officer and afford all assign the matter to a hearings officer and afford all parties in parties in the the matter matter anan oOJ?P.Ortunity pp ortunity for for hearing hearing after after reasonable notice. reasonable notice. [Eff [Ef JUN 1520075 2007 1] (Auth: {Auth: HRS HRS (Imp: HRS §§91-9, §201H-4) (Imp: §591-9, 201H-4) 201H-4)

300-17 300-17 �����

§15-300-45 §15-300-45

§15-300-45 Board §15-300-45 Board proceedings. proceedings. Proceedings Proceedings before the before the board board shall shall be be held held as as provided provided in in section section 15-300-24. [Eff 15-300-24. [Eff (Auth: HRS ]] (Auth: HRS §201H-4) 5201H-4) (Imp: HRS (Imp: HRS §§91-JJllN 5 ~ \ , 201 ss9i-n}l]N91530, 15 {a} 9Jl 201H-4)

§15-300-46 Response. §15-300-46 Response. Each Each respondent respondent may may file file aa written response written response to to the the petition with the petition with the board or board or hearings officer hearings officer if if the the case case has has been assigned to been assigned to one. one. The response The response shall shall state briefly aa counterstatement state briefly counterstatement of of the facts, the facts, circumstances, circumstances, law, law, rules, rules, oror reasons reasons in in defense thereof, defense thereof, andand shall shall specifically specifically admit admit or or deny deny the allegations the allegations of of the the petition. petition. The The response response shall shall be filed be filed at at least least five five working working days days prior to the prior to the hearing. [Eff hearing. [Eff 'jUli :UN 1'52.tl~l' l5)] ] (Au ] th: HRS (Auth: HRS 5201 H- §201H-4) (Imp: HRS (Imp: HRS §20l'tt-4) 52011}24)

S15-300-47 Notice. §15-300-47 Notice. The The board board or or hearings hearings officer shall, officer shall, as as soon soon asas possible, possible, provide provide notice notice pursuant to pursuant to section section 91-9.5, 91-9.5, HRS,HRS, toto all all parties parties of of the the scheduled hearing scheduled hearing in in such such formform and and manner manner asas provided provided by llaw. by aw . l Ef [Efff J[J JllNN I515?007 ?007 1 ] (Auth: (Auth: HRS HRS §201H-4) §201H-4) (Imp: HRS (Imp: HRS § § §S919' 91-9.5) 91t:.. ~, . 91- ~ . 5)

§15-300-48 Burden §15-300-48 of proof; Burden of evidence. Except proof; evidence. Except as as otherwise provided otherwise provided byby law, law, the the party party initiating initiating the the proceeding shall proceeding shall have have the the burden burden ofof proof, proof, including including the burden the burden of of producing producing evidence evidence asas well well as as the the burden burden of persuasion. of persuasion. [Eff [Ef JJ .,uN 157NT ?n~1 (Auth: HRS ] ] (Auth: HRS §201H-4) (Imp: §201H-4) (Imp: HRS HRS §91-10 S9ii0(5 ( 5 §15-300-49 Procedure §15-300-49 Procedure at at hearing. hearing. Unless Unless otherwise stipulated otherwise stipulated by by the the parties, parties, which which stipulation stipulation is approved is approved by by the the board board or or the the hearings hearings officer, officer, all all hearings shall hearings shall proceed as follows: proceed as follows:

27 59 300-18 300-18

§15-300-49

(1) The parties shall have the the opportunity to to make opening statements before any evidence is presented, unless they waive the statement shall opportunity. The opening statement shall be heard inin the following following order: {A (A Petitioner's opening statement; and (B Respondent's opening statement, unless respondent chooses to respondent to reserve the statement until opening statement until after presentation of petitioner's evidence; (2) The petitioner's evidence shall be presented first, and shall be followed first, followed by the presentation of evidence by respondent; (3 After presentation of the evidence in in support of their respective cases, the support parties shall have the opportunity to to Rebuttal rebuttal evidence. Rebuttal introduce rebuttal introduced in evidence shall be introduced in the same followed with respect order as was followed respect to to the introduction of evidence in introduction in support support of their respective cases; respective (4) • Each witness shall first be sworn underunder oath shall be examined first by the party and shall calling the witness before cross-examination calling by the opposing party; (5) including rebuttal After all evidence, including evidence, has been presented, the parties shall have the the opportunity toto make make final argument. Final argument Final argument shall proceed as follows: follows: {A) Petitioner's final argument; (A) (B Respondent's final argument; and {C (C) argument in Petitioner's final argument in rebuttal rebuttal limited to which shall be limited to countering countering raised in matters raised in_ respondent's final argument; and (6) hearing shall be deemed closed after The hearing completion of all final arguments or upon 0

filing of all permitted memoranda filing memoranda and other post-hearing submissions or or upon the expiration of the time allowed for filing expiration filing submissions, unless thethe time isis extended, or or

300-19 3-00-19 2,-7 2-7 59

§15-300-49 §15-300-49

the completion upon the taking further completion,of taking is later. evidence, whichever is [Eff JUN 15 2007 [E I] (Auth: Auth: HRS HRs s201H- §201H-4) 91-10) (Imp: HRS §§91-9, 91-10)

findings of fact and §15-300-50 Proposed findings §15-300-50 findings of fact, conclusions of law. Proposed findings fact, conclusions of law law, decisions, and orders shall .bebe prepared by the prevailing party, filed filed with the board no later than seven business days after the day the proceedings were concluded, or or such other time as may may established by the board or be established or hearings officer, and delivered delivered oror mailed within a reasonable time to to each party oror to to _the the party's authorized authorized representative. 157NN) ff JUN 15?flr!7 ([Eff ]I (Auth: Auth: HRs §201H-4) HRS s201H-4) (Imp: HRS §201H-4)

§15-300-51 Board's final decisions, orders, §15-300-51 findings of fact, findings fact, and conclusions of law. (a) The board shall issue issue its its final decision and order order together with findings findings of fact and conclusions of law law.. findings of fact, The findings fact, conclusions of law, and final decisions and orders shall be based upon the whole supported by reliable, probative record and shall be supported including facts and substantial evidence, including facts of which the took judicial board properly took judicial notice. (b) If the proceedings were held before a filed to hearings officer. and exceptions were filed to the recommended decision, the board shall afford afford the parties an opportunity for oral oral argument argument before the board as to to the exceptions, prior to the board's prior to adoption of a decision and order adoption order and findings findings of fact and conclusions of law. (c) If any party has timely {c) timely filed filed proposed fact, the board shall incorporate in findings of fact, in its its ruling upon each proposed finding decision a ruling finding so separate ruling presented, provided that a separate ruling on each finding shall proposed finding shall not not be required.

a,, 07 s9 59 300-20 300-20

§15 -300-52 §15-300-52

(d) The board shall cause to certified to have a certified decision and order copy of the decision order and accompanying findings and conclusions, delivered findings delivered or or mailed within a reasonable time after their adoption by the the board, to to party or each party or thethe party's authorized authorized representative. Eff HlP t;·znm (Auth: HRS 1] (Auth: HRS §201H-4) §201H-4) (Imp: (Imp: HRS HRS [Eff Ill}N 115 2007, ss91 ''I' ~ §§9l~'t'.1~, g414W) 13.lQ)

§15-300-52 Procedure before a hearings officer; transmittal to transmittal to board. board. (a) Upon (a) Upon conclusion conclusion ofof the the before the hearings officer and following proceedings betore following the timely the timely submittal submittal of proposed findingsfindings of fact, fact, decision and order, the conclusions of law, and c:iecision the hearings officer shall prepare a recommended decision in the in the matter matter for the the board. (b) the' recommended decision is If the1 is adverse to to any party to to the proceeding other other than the the corporation, the recommended decision decision shall contain a statement of the statement the reasons therefor and shall shall include include a determination of each issue issue of fact or or law law necessary to the to the recommended decision decision and it shall be served upon all parties. Any Any party adversely affectedaffected by the recommended .recommended decision may file may file exceptions thereto thereto and submit written argument may submit argument in in support support of the exceptions to to the board, provided that that the exceptions argument shall and argument shall be filed filed within tenten days of the service of the service the recommended decision, or or within such other time as may be designated other designated by the hearings officer. (c) the expiration of the time Following the specified in ·specified in subsection subsection (b),, • or or if not not app licable, applicable, following preparation of the following the recommended decision, the officer shall transmit hearings officer transmit the the entire record to to the board for action the action together with the the recommended timely filed decision, any timely filed exceptions thereto, and any timely submitted written arguments in timely in support support of the the � ':\\� 152007 exceptions. exceptions. [Eff [Eff S91-11) (Imp: HRS §91-11) � � 15 ?0]/ I] (Auth: (Auth: HRS HRS §201H-4) 5201H-4)

300-21 300-21 ��� ��

§15-300-71 §15-300-71

SUBCHAPTER 44 SUBCHAPTER

DECLARATORY RELIEF DECLARATORY RELIEF

§15-300-71 General §15-300-71 General provisions; contents of provisions; contents of petition for declaratory petition for declaratory relief. relief. Any Any interested interested person may person may petition the board petition the for aa declaratory board for declaratory ruling as ruling as to the applicability to the applicability of of any any statutory statutory provision or provision or of of any any rule rule or or order. order. Each Each petition petition shall state shall state concisely concisely and and with with particularity particularity thethe facts giving facts giving rise rise to to the the petition, including the petition, including the petitioner's interest; petitioner's interest; reasons reasons forfor filing filing the the petition, and the petition, and the names names ofof any any potential potential respondents, respondents, the provision the provision oror rule rule in in question, question, the the issues issues raised, raised, and petitioner's and petitioner'®ff ' ] f .f>Rfiti~P.fr * contentions contentions with with respect respect thereto. [Eff thereto. [Eff 1UUN JJN J]55 2007 200 (Auth: HRS ] (Auth: HRS §201H-4) 5201H-4) (Imp: HRS (Imp: HRS §91-8) §91-8)

§15-300-72 Memorandum §15-300-72 authorities in of authorities Memorandum of in support support of petition. of Petitioner shall petition. Petitioner shall also file aa memorandum also file memorandum of authorities of together with authorities together with any any petition petition forfor declaratory relief declaratory relief at at the the time time the the petition petition is is filed. filed. The memorandum The memorandum ofof authorities authorities inin support support of of the the petition shall contain petition shall contain aa full full discussion discussion of of the the reasons, inciuding reasons, including legal authoritieAN ]'5 legal authori*ij] 3jive ij'4,P~o~~tive of of the petitioner's position. the petitioner's position. N [Eff JUN 15?007 [Eff Ju 1n~JUf l ] (Auth: HRS (Auth: HRS §2 §201H-4) (Imp: HRS 0lH-4) (Imp: HRS §201G-4) §201G-4)

§15-300-73 Notice §15-300-73 Notice of of argument. argument. AllAll parties parties shall be shall be given given written written notice notice of of the the hearing hearing of of argument at argument at least least fifteen fifteen days days before the time before the time ofof the the argument. The argument. The notice notice shall shall include: include: (1) The (1) The date, date, time, time, place, and nature place, and nature of of the the argument; argument; (2) The (2) The legal legal authority authority under under which which the the argument argument is to is to be be heard; heard; (3) Particular (3) Particular sections sections of of the the statutes statutes and and rules involved; rules involved; and and

300-22 300-22 ��� � �

§15-300-76

(4) 4) A short and concise statement statement of issues facts giving rise involved, the basic facts rise to to the petition. shall further apprise each party of their The notice shall right toto retain retain legal counsel counsel if so desired. [Eff JUN 152007 1] (Auth: HRS §201.H-4) §201H-4) (Imp: HRS §91-8 §15-300-74 Argument. Upon the §15-300-74 the filing filing of the petition, the chairperson shall shall assign the petition petition argument and further proceedings to for argument to either the board oror a hearings officer. All All parties shall be afforded full opportunity to to present present argument argument on all issues involved. argument shall The argument shall be at the the time set forth in and place s_et forth in the notice of argument but argument but at that time and place may may be continued fromfrom day to to day and adjourned toto a later day or or to to a different different place without notice other without other than the announcement announcement thereof at the hearing. [Eff ,IUN [Eff JUN 152007 15 20]7 ] (Auth: HRS HRS §201H- 5201H- 4 ) ( Imp : HRS § 91-8 - )

§15-300-75 Board proceedings. Proceedings shall be held as provided in before the board shall in section section 15-300-24. JJN 1155 2007 [Eff JUN [Eff 2007 I] (Auth: HRS §201H-4) (Imp: HRS §§91-.14, §S91-14, 92-16, 201H-4) 201H-4)

§15-300-76 Proposed findings of fact and conclusions of law. The prevailing party shall file file fact, conclusions of law, proposed findings of fact, decisions, and orders with the board no later than seven business days after the day the proceedings were or such other time as may concluded, or may be-established by the board or the or hearings officer. (Eff JUN 15 2007 [Ef 1] (Auth: HRS s201G-4) (Imp: HRS HRs §201G-4) §201G-4)

300-23 300-23

��� ��

§15-300-77

§15-300-77 Board's final decisions, orders, findings of fact, findings fact, and conclusions of law. {a) The (a) issue its board shall issue its final decision and orderorder findings of fact and conclusions of law. together with findings findings of fact, The findings fact, conclusions of law, final decisions, and orders shall be based upon the whole record or such portions thereof as may be cited cited by the parties, and shall shall be supported by reliable, probative substantial evidence, including and substantial including facts facts on which the board properly took judicial judicial notice. {b) If the proceedings were held before a (b) officer and exceptions were filed hearings officer filed to to the recommended decision, the board shall afford afford the oral argument parties oral argument as to to the exceptions, priorprior to to order and adoption of a decision and order the board's adoption findings of fact and conclusions of law. law . {c) If any party has timely (c) timely filed filed proposed fact, the board shall findings of fact, shall incorporate incorporate in in its its ruling upon each proposed finding decision a ruling decision finding so presented, provided that a separate separate ruling ruling on each finding shall not proposed finding not be required. {d) The board shall cause to (d) to have a certified certified decision copy of the decision and order order and accompanying findings and conclusions, delivered or or mailed within a reasonable time after their adoption by the board, to to each party oror to to the the party's authorized authorized representative. [Eff JUN 15 2007 [Ef ] , (Auth: {Auth: HRS §201H-4) (Imp: HRS §91-8)

§15-300-78 Procedure before a hearings officer; to board. transmittal to {a) Upon conclusion of the (a) the hearings officer proceedings before the officer and following following timely submittal the timely fact, submittal of proposed findings of fact, conclusions of law, and decision and order, the hearings officer shall prepare a recommended decision in the matter in matter for the board. {b) If the recommended decision is (b) is adverse to to to the any party to the proceeding other other than than the shall contain a corporation, the recommended decision shall statement of the reasons therefor and shall statement shall include a issue of fact or determination of each issue or law law

300-24 300-24 ��� ��

§15-300-91 §15-300-91

necessary nec~ssary to to the the recommended recommended decision decision and and it it shall shall be be served upon served all parties. upon all parties. Any Any party adversely affected party adversely affected by the recommended by the decision may recommended decision file exceptions may file exceptions thereto anq thereto and may submit written may submit argument in written argument in support support of of the exceptions the exceptions to to the the board~ board, provided that the provided that the exceptions and exceptions and argument argument shall shall bebe filed filed within within ten ten days days of the of the service service of of the the recommended recommended decision, decision, or or within within such other such other time time asas may may bebe designated designated byby the the hearings hearings officer. officer. (c) Following (c) Following the the expiration expiration of of the the time time specified in specified in subsection subsection (b),(b), oror if if not not applicable, applicable, following preparation following preparation of of the the recommended recommended decision, decision, the the hearings officer hearings officer shall shall transmit transmit thethe entire entire record record to to the board the board for action together for· action together with the recommended with the recommended decision, decision, any timely filed any timely filed exceptions exceptions thereto, thereto, and and any any timely submitted written timely submitted .a rguments wr~fihe~,jirguments in in support support of of the the exceptions. exceptions. [Eff l.lJUN l t> [Ef l?MM72nn7 . ] (Auth: (Auth: HRS HRS ·§201H-4) (Imp: HRS §91-11) (Imp: HRS §91-11) •

§15-300-79 Order, §15-300-79 Order, effect. effect. Any decision and Any decision and order order ofof declaratory declaratory relief, relief, whether whether gr·anting granting or or denying the denying the petition, shall have petition, shall have the the same same force force and and effect as effect as other decisions and other decisions and orders orders issued issued by by the the corpora tion. corporation. [Eff • JUN 15 2007 [Eff (Auth: HRS 1] •(Auth: HRS §201H- §201H- 4 ) ( Imp : HRS §91-8) 4 ) ( Imp : HRS § 91- 8)

SUBCHAPTER 55 SUBCHAPTER

RULE RELIEF RULE RELIEF

§15-300-91 General §15-300-91 General provisions; contents of provisions; contents of petition for rule petition for rule relief. relief. Any Any interested interested person person may may petition the corporation petition the corporation for for the the amendment, amendment, adoption, adoption, or or repeal repeal of rule. The of aa rule. petition for The petition for rule rule relief shall relief shall set set forth forth the the text text of of the the rule rule to to be be repealed, repealed, or the text or the text of of any any proposed proposed rule, rule, the the adoption of which adoption of is being which is being sought, sought, or or the the text text of any of·any existing existing rule, the amendment rule, the amendment of of which is being which is being sought, sought, together together with the proposed with the amendment. The proposed amendment. The petition petition

300-25 300-25 27 59

§15-300-91 §15-300-91

shall further shall further state state concisely concisely and and with with particularity particularity the facts the facts and circumstances giving and circumstances giving rise rise to to the the petition, including the petition, including the petitioner's petitioner's interest interest and and reasons for reasons for filing filing the the petition, petition, the the necessity necessity for for the relief and anticipated effect or impact the relief and anticipated effect or impact of the of the relief,, the relief the questions questions or or issues issues raised raised and and petitioner's petitioner's position position or or contentions contentions with with respect respect ther eto thereto.. [Ef ff 1!JN [Ef � JN 15 20] 2007 (Auth: HRS ]] (Auth: HRS §201H-4) §201H-4) (Imp: HRS §91-6) §91-6)

§15-300-92 Disposition. §15-300-92 Disposition. (a) Within (a) Within thirty thirty days days of the of the filing of aa petition, filing of petition, thethe corporation, corporation, with with the the approval of approval of the the chairperson, chairperson, shall shall either either deny deny the the petition petition in in writing writing stating stating its its reasons reasons therefor, therefor, oror initiate public initiate public rulemaking rulemaking procedures procedures inin accordance accordance with with chapter chapter 91, 91, HRS. HRS. (b) (b) Without limiting Without limiting the the generality generality of of the the foregoing, _the foregoing, the corporation corporation may deny any may deny any petition petition which: which: 1) 1) Fails Fails to substantially conform to substantially conform with with the the requirements of requirements of section section 15-300-91; 15-300-91; 2) 2) Discloses insufficient Discloses insufficient reasons reasons which which would would justify the institution justify the institution ofof public public rulemaking rulemaking procedures; procedures; or or 3) IsIs frivolous. frivolous. [Eff [Eff HRS §201H-4) (Auth: HRS (Auth: (Imp: §201H-4) (Imp: uxs so HRS !N, §~~f\ J ~ 5 5 2007 2007

§15-300-93 Additional §15-300-93 Additional facts facts or or supplemental supplemental memorandum. The corporation memorandum. The corporation may may require require the the petitioner petitioner or or any any person person toto submit statement of submit aa statement of additional facts additional facts oror aa memorandum, memorandum, the the purpose purpose of of which which is to is to clarify clarify aa sP q§AI\factual issue, sp~~jt~c;.,factual issue, position, position, or or contention. contention. uUN l1 ~ [Eff JUN [Eff 52007 (Auth: HRS ] (Auth: HRS §201H-4) §201H-4) (Imp: (Imp: HRS HRS §91-6) §91-6)

300-26 300-26 07 8t7 5 9

§15-300-123 §15-300-123

§15-300-94 Notice of determination. The §15-300-94 corporation shall corporation shall promptly promptly notify notify the petitioner in petitioner in its decision of its writing of . writing decision not to consider not to the petition, consider the in the in time prescribed the time by law, and the reasons for its prescribed by its denial. denial. J\JN 1520)7 [Eff JUN [Eff 152007 ] (Auth: HRS (Auth: HRS 5201H-4) §201H-4) (Imp: HRS (Imp: §91-6) HRS §91-6)

§15-300-95 Determination §15-300-95 final. Unless Determination final. otherwise provided otherwise law, the by law, provided by the petitioner petitioner shall to request right to no right have no have request the the board to to reconsider the seek judicial to seek nor to action nor action judicial review review of the the action. 152007 1] (Auth: iEff JUN 15'2007 [Eff (Auth: • HRs (Imp: HRS s201H-4) (Imp: HRS §201H-4) §201H-4) §201H-4)

SUBCHAPTER 66 SUBCHAPTER

OTHER PROVISIONS OTHER PROVISIONS

§15-300-121 Forms. §15-300-121 Forms. The corporation may The · corporation may prescribe and prescribe and use forms as such forms use such as it may reasonably require to require to carry carry out The corporation functions. ·The its functions. out its may at may at any create, modify, amend, or time create, any time or delete any forms in forms in order effectuate the purposes herein. to effectuate order. to [Eff � I [Ef N 15 2001 .\\\N 2007 5201H-4) (Imp: HRS HRS §201H-4) (Auth: HRS 1] (Auth: 5201H-4 §201H:..'-4'j)

§15-300-122 Gender §15-300-122 and number. Gender and number. In In any rule rule of corporation, all the corporation, the all words in the masculine or words used in or singular shall singular extend to shall extend to and include the feminine or or plural. plural. [Eff .\\\N [Eff 151007 llN 15?00] ] (Auth (Auth:: HRS HRS 520 -4) §201H-4) S1-IS) HRS §1-!~)" (Imp: HRS (Imp:

§15-300-123 Severability. §15-300-123 Severability. If any rule If any rule of the of the corporation is corporation found in is found in whole whole or part by aa court in part or in court of of jurisdiction to be invalid under competent jurisdiction competent to be invalid under law, such finding shall finding not affect shall not remaining rules or the remaining affect the or any part therein. part therein. [Eff [Eff JUN 15 2007 ] 1 (Auth: (Auth: HRS HRS §201H- §201H- §1-23) HRS § 1 - (Imp:: HRS 44) ( Imp

300-27 3-0D-27 277 59

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM

The adoption of Chapter 15-300, Hawaii Administrative Rules, on the Summary Page dated May 1, 2007, was adopted on May 1, 2007 following a public hearing held on April 30, 2007 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui Times, West Hawaii Today, and the Hawaii Herald-Tribune newspapers on March 30, 2007.

The adoption shall take effect ten days after filing with the Office of the Lieutenant Governor.

ov CHARLES KING, Chairperson Hawaii Housing Finance and Development Corporation

APPROVED AS TO FORM :

APPROVED:

LINDA LINGLE Governor State of Hawaii

Dated : JUN - 5 2007

Filed

27 59