Haw. Code R. § 11-1-28 - Filing of documents

(a) All pleadings, submittals, complaints, petitions, applications, charges, reports, maps, exceptions, briefs, memorandums, and other papers required to be filed in any contested case shall be filed as required in section 11-1-4(c), unless otherwise specified, and shall comply with the time limit, if any, set forth in any statute, rule, or order for that filing. The date on which the papers are actually received by the department is the date of filing, unless otherwise provided under subsection (g).

(b) Complaints, notices of violation and orders, and similar documents may be issued by branches of the department in enforcement cases without first filing under subsection (a), but the original document shall be transmitted to the hearings officer after a hearing is requested and the hearings officer is appointed.

(c) All papers filed with the department shall be written in black ink, 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 tables, maps, charts and other documents may be larger, but shall be folded, if possible, to the size of the documents to which they are attached.

(d) All papers must be signed in indelible ink by the party or the party's fully authorized agent or attorney. The signature constitutes a certification that the person has read the document; that to the best of person's knowledge, information and belief every statement contained in the document is true and no such statements are misleading; and that the document is not interposed for improper purpose, such as harassment, unnecessary delay, or increase in cost.

(e) Unless otherwise specifically provided by a particular rule or order of the department, an original and one copy of all papers shall be filed. Properly authenticated copies of documents may be received in evidence and attached to papers filed with the department.

(f) The initial document filed by any party in any proceeding shall state on the document's first page the name, mailing address, phone number, and facsimile number of the individual or individuals who may be served with any documents filed in the proceeding. All documents filed afterwards shall contain a certification by the party filing the document that a copy was served on the opposing party. The certification shall contain the name and address of the person served; the method of service (i.e., personal service, U.S. mail, postage prepaid, courier, etc.) the date service was or will be made, and the certification shall be signed by the party making the service. If an attorney represents a party, the document shall be served upon the party's attorney at the attorney's business address.

(g) In a specific case under a hearings officer's jurisdiction, the hearings officer may authorize facsimile or electronic filing and service of documents and may specify the means and effective filing dates. The hearings officer shall require that any facsimile or electronic documents be sufficiently legible and authentic and have a signature equivalent, and the hearings officer may require the contemporaneous or later submission of the original signed paper versions. The hearings officer shall provide that a durable paper record of any facsimile and electronic communications be maintained as needed.

(h) The hearings officer may direct, or upon request, permit ex officio filing of documents at department of health branch and district offices. Any such documents filed ex officio shall be promptly transmitted to the hearings officer by the branch or district office where the original was filed.

Notes

Haw. Code R. § 11-1-28

[Eff 2/14/2005] (Auth: HRS § 91-2, 321-9) (Imp: HRS § 91-2, 91-9)