Haw. Code R. § 11-201-6 - Proceedings Before Council or Hearing Officer

A. The council on its own motion, or upon the petition of any interested person or any agency of the federal, state, or county government, may hold such proceedings as it may deem necessary from time to time in the performance of its duties, or the formulation of its rules. Procedures to be followed by the council, unless specifically prescribed in this chapter or by chapter 91, Hawaii Revised Statutes, shall be as in the opinion of the council will best serve the purposes of the proceeding.

B. An individual may appear in the individual's own behalf or as an authorized representative of a partnership, corporation, trust or association, and an officer or employee of an agency of the state or a political subdivision of the state may represent the agency in any proceeding before the council.

C. A person or agency may be represented by or with any person, counsel, or consultant in any proceeding under this chapter, except as provided in subsection (e).

D. When an individual acting in a representative capacity appears in person or signs a paper in practice before the council, that individual's personal appearance or signature shall constitute a representation to the council that under this chapter and the applicable statute, that individual is authorized and qualified to represent the particular person on whose behalf the individual acts. The council at any time may require any person transacting business with the council in a representative capacity to show in writing that person's authority and a qualification to act in that capacity.

E. Bar to appearance.

1. No individual, whether associated with the council as a member, officer, employee, or counsel shall be permitted to appear before the council on behalf of or to represent in any manner any party in connection with any proceeding or matter that the individual has handled or passed upon while associated in any capacity with the council after June 2, 1975;

2. Any person or agency appearing before the council in any proceeding or matter shall not in relation thereto knowingly accept assistance from and compensate any individual who would be precluded by paragraph (1);

3. No individual who has been associated with the council as a member, officer, employee, or counsel thereof, shall be permitted to appear before the council in behalf of, or to represent in any manner, any person or agency in connection with any proceeding or matter that was pending before the council at the time of the individual's association with the council unless that individual shall first have obtained the written consent of the council upon a verified showing that the individual did not give personal consideration to the matter or proceeding as to which consent is sought or gain particular knowledge of the facts thereof during that individual's association with the council;

4. This subsection shall not apply to any individual or agency whose association with the council has been terminated for a period of one year.

Notes

Haw. Code R. § 11-201-6

[Eff 12/6/85] (Auth: HRS §§ 91-2, 343-6) (Imp: HRS §§ 84-18, 343-6)