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On September 10, 1992, Kotis was indicted for (1) murder in the second degree, in violation of Hawai'i Revised Statutes (HRS) § 707-701.5(1) (1993), (2) kidnapping, in violation of HRS § 707-720(1)(e) (1993), and (3) terroristic threatening in the first degree, in violation of HRS § 707-716(1)(d) (1993). The charges arose from an incident that occurred on or about September 7, 1992, in which Kotis allegedly threatened his wife, Lynne Kotis, and her companion, Gregory Wittman, with a knife, restrained Lynne with intent to terrorize her, and caused Lynne's death while in possession of a firearm.
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The Department of Health appears to have arrived at the same conclusion, as demonstrated by HAR § 11-175-45 (1988), the rule promulgated to enforce HRS § 334E-2. That rule provides in relevant part . . . .
Because Kotis was involuntarily hospitalized by order of the circuit court, HAR § 11-175-45(b)(3) applies to his case and authorizes the director's motion for an order of involuntary medication. Administrative rules, like statutes, have the force and effect of law. State v. Kirn, 70 Haw. 206, 208, 767 P.2d 1238, 1239-40 (1989) (citing Abramson v. Board of Regents, University of Hawaii, 56 Haw. 680, 548 P.2d 253 (1976), and Aguiar v. Hawaii Hous. Auth., 55 Haw. 478, 522 P.2d 1255 (1974)); Baldeviso v. Thompson, 54 Haw. 125, 129, 504 P.2d 1217, 1221 (1972) (citing State v. Kimball, 54 Haw. 83, 503 P.2d 176 (1972)).
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Rule 28. BRIEFS
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(b) Opening Brief.
Within 40 days after the filing of the record on appeal, the appellant shall file an opening brief, containing the following sections in the order here indicated:
(1) A subject index of the matter in the brief with page references and a table of authorities listing the cases, alphabetically arranged, text books, articles, statutes, treatises, regulations, and rules cited, with references to the pages in the brief where they are cited. Citation to Hawai'i cases since statehood shall include both the state and regional reporters. Citation to foreign cases may be to only the regional reporters. Where cases are generally available only from electronic databases, citation may be made thereto, provided that the citation contains enough information to identify the database, the court, and the date of the opinion.