Haw. Code R. § 11-1-41 - Defaults, dismissals, and summary decisions

(a) For good cause shown or upon failure of a party to appear after proper notice, a hearings officer may find a party in default, or dismiss a complaint, whether or not a party requests such relief.

(b) If a party fails to request a hearing within the time specified in the departmental order or by statute, a party shall be in automatic default and subject to the order without the need for a finding or any other action by a hearings officer.

(c) Upon motion or the hearings officer's own initiative and proposal, and after the parties have an opportunity to present their arguments, a hearings officer may render a summary decision and order where no genuine issue of material fact exists and a party is entitled to a decision as a matter of law.

(d) A default, dismissal, or summary decision may apply to only some parties or may resolve only some issues, and the hearings officer shall specify which parties or what legal issues and facts remain for hearing.

(e) If a default other than an automatic default under subsection (b), dismissal, or summary decision resolves all issues, then the hearings officer shall issue or propose appropriate decisions and orders, and for summary decisions, findings of fact and conclusions of law.

Notes

Haw. Code R. § 11-1-41

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