Rules of Practice and Procedure

UNIVERSITY OF HAWAII

Repeal of Chapter 20-30 and Adoption of Chapter 20-30.1 Hawaii Administrative Rules

(August 18, 2022)

SUMMARY

1. Chapter 20-30, Hawaii Administrative Rules , entitled "Rules of Practice and Pro cedureu, is repealed.

2. Chapter 20-30.1, Hawaii Administrative Rules, entitled "Rules of Practice and Procedureu, is adopted.

HAWAII ADMINISTRATIVE RULES

TITLE 20

UNIVERSITY OF HAWAII

SUBTITLE 2

STATE BOARD FOR VOCATIONAL EDUCATION

CHAPTER 30

RULES OF PRACTICE AND PROCEDURE

§§20-30-1 to 20-30-29 Repealed . OCT 1 3 2022 l

HAWAII ADMINISTRATIVE RULES

TITLE 20

UNIVERSITY OF HAWAII

SUBTITLE 2

STATE BOARD FOR CAREER AND TECHNICAL EDUCATION

CHAPTER 30.1

RULES OF PRACTICE AND PROCEDURE

Subchapter 1 Rules of General Applicability

§20-30.1 - 1 Administrative practice and procedure §20 - 30.1 - 2 Definitions

Subchapter 2 Rules Applicable to Contested Cases

§20-30.1-3 General §20-30.1-4 Delegation of powers §20-30.1-5 Procedure §20-30.1-6 Rules of evidence; official notice §20-30.1-7 Examination of evidence §20-30.1-8 Decisions and orders §20-30.1-9 Consultation by officials

30 . 1- 1

§20-30 . 1-1

SUBCHAPTER 1

RULES OF GENERAL APPLICABILITY

§20-30 . 1-1 Administrative practice and procedure. The rules of practice and procedure for the State Board for Career and Technical Education shall be as provided in the rules of practice and procedure of the board of regents for the University o f Hawaii within subchapter 2 (§§20-1.1-8 through 20- 1.1-13) , subchapter 3 , and subchapter 4 of chapter 20- 1.1 , Hawaii Administrative Rules, which are incorporated by r e f e ren c e and made a part of this chapter. [Eff ] (Auth; HRS §§91-2, 304A-302) (Imp: Q~E l§99102z, 304A-302)

§20-30.1-2 Definitions. (a) As used in this chapter, unless the context specifically requires otherwise: "Board" means the State board for career and technical education. (b) Unless otherwise specifically stated, the terms used in rules promulgated by the board pursuant to powers granted by statute shall have the meaning defined by such statute. (c) A rule which defines a term without express reference to the statute or to the rules o r a portion thereof, defines such terms for all purposes as used both in the statute and in the rules, unle ss the context otherwise specifically requires. (d) Use of gender and number. Words import i ng the singular number may extend and be applied to several persons o r th i ngs and words importing the plural may include the singular. Words import i ng the masculine gender may be applied to the feminine and neuter gender. [Eff OCT 1 3 2022 l (Auth: HRS §§91-2, 304A-302 ) ( Imp: HRS §§91-2, 304A-30 1, 304A- 302)

30.1-2

§20-30.1-5

SUBCHAPTER 2

RULES APPLICABLE TO CONTESTED CASES

§20-30.1-3 General. (a) Procedures to be followed by the board shall, unless specifically prescribed in this chapter or by chapter 91, HRS, or other statutory provisions, be such as in the opinion of the board will best serve the purposes of such hearings. Cases shall be conducted fairly and impartially. (b) Any procedure in a contested case may be agreed to, modified, or waived by stipulation of the parties, and informal dispositi o n may be made of all or part of any contested case by stipulation, settlement, consent order , or default. (c) The board may voluntarily withdraw or dismiss a case it brings, and any other party may voluntarily withdraw or dismiss a case upon order of the board and upon suc h term~ and conditions that the board deems proper. [Eff UCT 1 3 2022 ] (Auth: HRS §§91-2 , 304A-302) (Imp: HRS §§91-9 , 30 4A-301, 304A- 302)

§20-30.1-4 Delegation of powers. The board shall have the power to d~legate the power to hear contested cases . [ Ef f UCT 1 3 2022 ] (Auth: HRS §§91-2, 304A-302) ( Imp: HRS §§91-2 , 304A-302)

§20-30.1-5 Procedure. (a) In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. (b) The notice shall include a statement of : (1) The date , time , place , and nature of hearing.

30.1-3

3486

§20-30.1-5

(2) The legal authority under which the hearing is to be held. (3) The particular sections of the statutes and rules involved . (4) An explicit statement in plain language of the issues involved and the facts alleged by the board in support thereof ; provided that, if the board is unable to state such issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a bill of particulars shall be furnished. (5) The fact that any party may appear on their own behalf or may retain counsel if so desired . (c) Opportunities shall be afforded all parties to present evidence and argument on all issues involved. (d) Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order , or default. (e) For the purpose of decisions, the record shall include : (1) All pleadings , motions , intermediate rulings. (2) Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed. (3) Offers of proof and rulings thereon. (4) Proposed findings and exceptions. (5) Report of the officer who presided at the hearing. (6) Staff memoranda submitted to members of the board in connection with their considerat i on of the case. (f) It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review. (g) No matters outside the record shall be

30.1-4

§20-30.1-6

considered by the board in making its decision except as provided in this chapter. (h) Any contested cases provided for by rules established by the board shall, at a minimum, comply with the rules of procedure and evidence set forth in the rules of this subchapter. Any contested case hearing procedure required by federal or State law or regulation shall take precedence over the procedures established by this subchapter or b~C~f ~~1e established by the board. [ Ef f f O LU22 ] (Auth: HRS §§91-2, 304A-302) (Imp: HRS §§91-2, 91-9, 304A-302)

§20-30.1-6 Rules of evidence; official notice. (a) Any oral or d o cumentary evidence may be received but the board or hearing officer shall as a matter of policy provide for the exclusion of irrelevant , immaterial , or unduly repetitious evidence and no sanction shall be imposed or order be issued except upon consideratio n o f the whole record or such portions thereo f as may be cited by any party and as supported by and in accordance with the reliable , probative and substantial evidence. The board or hearing officer shall give effect to the rules of privilege recognized by law. (b) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available; provided that upon request 1 parties shall be given an opportunity to compare the copy with the original. (c) Every party shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts, and shall have the right to submit rebuttal evidence. (d) The board or hearing officer may take notice of judicially recognizable facts. In addition , they may take notice of generally recognized technical or scientific facts within the board's or hearing officer's specialized knowledge ; but parties shall be notified either before or during the hearing 1 or by

30.1-5

§20-30.1-6

reference in preliminary reports or otherwise , of the material so noticed, and they shall be afforded an o pportunity to contest the facts so noticed . (e) Except as otherwise provided by law , the party initiating the proceeding shall have the burden o f proof , including the burden of producing evidence as well as the burden of persuasion. The degree or quantum of proof shall be a preponderance of the evidence. (f) Any documents filed in a contested case , other than evidence, shall conform to the requirements of the board's rules of practice and procedure. In addition, all such documents shall be written in ink, typewritten or printed , shall be plainly legible , shall be o n strong durable paper , not larger than 8- 1;2u x14u in size except that tables , charts , and o ther documents may be larger, folded to the size of the documents to which they are attached. [Eff OCT 1 3 2022 ] (Auth : HRS §§91-2, 304A-302) ( Imp : HRS §§91-2, 91-10, 304A-302)

§20-30.1-7 Exami nation of evidence. Whenever i n a contested case the officials of the Board who are to render the final decision have not heard and exami ned all of the evidence , the decision , if adverse to a party to the proceeding other than the board itsel f , shall not be made until a proposal for decision containing a statement of reasons and including determination of each issue of fact or law necessary to the proposed decision has been served upon the parties , and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the officials of the Board who are to render the decision , who shall personally consider the whole record or such portionocf¥Wt022as may be cited by the parties. [Eff ] (Auth: HRS §§91-2, 304A-302) (Imp: HRS §§91-2, 91-11, 304A- 302)

30 . 1 - 6

§20-30. 1 -9

§20-30.1-8 Decisions and orders. Every decision and order adverse to a party to the proceeding, rendered by the board in a contested case , sha ll be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceedi ng has filed proposed findings of fact, the board shall incorporate in its decision a ruling upon each proposed finding so presented. Parties to the proceeding shall be no tified by delivering or ma i ling a certified copy of the decision and o rder and accompany findings and conclusi o ns within a reasonable time to each part~CTrlt3 'fo'rj_f party' s attorney of record. [Eff ] (Auth: HRS §§91 -2, 304A-302) (Imp: HRS §§91- 2 , 91-1 2 , 30 4A-302)

§20-30.1-9 Consultation by officials . No official of the board who renders a decision, or hearing officer who makes a recommended decis i on, in a contested case shall consult any person on any i ssue of fact except upon notice and opportunity for a l l parties to participate, save to the extent requ i red for the dispos~t..i..9Q Rf ex parte matters authori zed by law. [Eff Vt;f lo 2022 ] (Auth: HRS §§91-2, 304A-302) (Imp: HRS §§91-2, 91-13, 304A-302)

30 . 1- 7

UNIVERSITY OF HAWAII

The repeal of chapter 20-30 and the adoption of chapter 20-30.1 1 Hawaii Administrative Rules, on the Summary Page dated August 18 , 2022, were adopted on August 18, 2022, following a public hearing held on July 28, 2022, after public notice was given in The Maui News on Saturday, June 25, 2022, and the Honolulu Star-Advertiser, Hawaii Tribune Herald, West Hawaii Today and The Garden Island on Sunday, June 26, 2022.

The repeal of chapter 20-30 and the adoption of chapter 20-30.1 shall take effect ten days after filing with the Office of the Lieutenant Governor.

Chairperson, State Board for Career and Technical Education

APPROVED:

~ 1/~ v') Q:: 0 N b -2: II) er DAVID y~ 4J ;;,.. ow °' ex; Governor ,,w State of Hawaii 1-&:;: z~ <(O ""'' ,_ ,- ,.,, z l.&J 8 Dated: C --4 I-- r-r'I .::::, :z: L&J FJ f:i1 ol> -· OCT 0 3 2022 w w -,,:z:: "T1-4 c=;c., r,,O Filed :=, < rT1

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- N ;:o :z: a :::c V'

3 0 . 1 -8

APPROVED AS TO FORM:

University of Hawaii

Carri~~- Vice President for Legal Affairs and University General Counsel

Department of the Attorney General

Ldri N. Tanigawa Deputy Attorney General

30.1-9