Haw. Code R. § 11-1-4 - The department; office; hours; filings; communications

(a) Office. The principal office of the department is in Honolulu, Hawaii.

(b) Office hours. The offices of the department shall be open from 7:45 a.m. to 4:30 p.m., Monday through Friday, except on state holidays, unless otherwise provided by statute or executive order.

(c) Filing of documents. All documents and written communications required by this chapter or other law to be filed with the department shall be mailed to:

Director of Health,

Department of Health,

State of Hawaii,

P. O. Box 3378,

Honolulu, Hawaii 96801,

or by hand delivery to:

Director of Health,

Department of Health,

State of Hawaii,

1250 Punchbowl Street, Third Floor,

Honolulu, Hawaii 96813,

unless otherwise specified by the department.

(d) Filing shall meet the time limits prescribed by statute, rule, or order of the director or the department, unless otherwise specified by the department. The date when the department actually receives a document is the date of filing.

(e) The department may authorize facsimile filing for specific purposes and specify the means and filing date. If authorized and if the means and filing date are not otherwise specified, facsimile filing:

(1) Is effective if:

(i) The entire document, including any attachment or exhibit, is transmitted to and received at the proper facsimile phone number without error, and

(ii) The entire document includes a cover sheet which states the specific individual, branch, or division to whom the transmission is addressed, the individual who sent it, the number of pages of the document, and any applicable docket number; and

(2) Is complete upon receipt of the entire document at the proper facsimile number before 4:30 p.m. on a normal state workday. When any part of the document is received after 4:30 p.m., then filing occurs on the next normal state workday.

(f) The department may authorize electronic filing, and specify the means and filing date. If authorized and if the means and effective date are not otherwise specified, electronic filing:

(1) Is effective if:

(i) The entire document, including any attachment, is transmitted to and received at the electronic mail address without error, and

(ii) The entire document states the name of the specific individual, branch, or division to whom the transmission is addressed, the individual from whom it is sent, the number of pages of the document in its original format, and any applicable docket number;

(2) Is complete upon receipt of the entire document at the proper electronic mail address before 4:30 p.m. on a normal state workday. When the receipt concludes after 4:30 p.m., then filing occurs on the next normal state workday; and

(3) Is in a format that the department can easily read.

(g) Senders of facsimiles and electronic mail to the department assume the entire risk of problems with the transmission or receipt of their documents, including equipment and system problems, power interruptions, difficulties in conversion between different word processing programs, and differences between department clocks and senders' clocks.

(h) The department may at any time refuse to accept facsimile or electronic filing, despite prior authorization, to prevent actual or suspected damage or loss to equipment or phone, electronic, or other systems.

(i) In addition to statutorily required means of notice, the department may send official notices and other communications by mail, facsimile transmission, electronic mail transmission, or Internet website posting, and such notices and communications by the department shall be complete upon mailing, transmission, or posting.

(j) The department shall provide opportunities for effective communications with persons with disabilities consistent with existing state and federal legal requirements.

(k) The department shall provide opportunities for effective communications with non-English speaking persons consistent with existing state and federal legal requirements.

(l) The department shall maintain, as needed, a durable record of any facsimile, electronic, Internet website notice or other communication between the department and the public. The department shall preserve, as needed, audio and video recordings taken of public department proceedings, or a transcript of such recordings.

Notes

Haw. Code R. § 11-1-4

[Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9) (Imp: HRS §§ 80-1, 91-2)