Haw. Code R. § 11-1-1 - Statement of scope and purpose

(a) This chapter governs the practice and procedure before the department of health, State of Hawaii, provided that an attached entity may adopt and shall be governed by its own specific rules of practice and procedure if it has rulemaking authority, and provided that the director may adopt more specific rules of practice and procedure for any specific program, and those more specific rules shall govern the practice and procedure in proceedings for that program. Where such specific rules fail to cover particular practices and procedures, then these rules shall apply.

(b) These rules shall be construed to secure the just, speedy, and inexpensive determination of every proceeding authorized by law to be brought before the department or any attached entity. Whenever this chapter or the specific rules of any program or attached entity are silent on a matter, the director or hearings officer may refer to the Hawaii Rules of Civil procedure for guidance.

(c) To the extent necessary, these rules shall be interpreted to preserve the authority of the department and State to administer programs under federal law for which the department has primary enforcement authority, authority to administer a program, or is delegated administration of a federally created program, provided that the department or State meets minimum federal requirements.

Notes

Haw. Code R. § 11-1-1

[Eff 2/14/2005] (Auth: HRS § 321-9, § 91-2) (Imp: HRS § 91-2, § 321-9, chapters 333F {Dev. Dis.}, 340E {drinking water}, 340F {public water system operator certif.}, 342B {air pollution}, 342D {water pollution}, 342J {hazardous waste}, 342L {used oil}, 342P {asbestos}, 346 {DHS welfare/MEDICAID})