Haw. Code R. § 11-271-105 - Filing, service, and form of pleadings and documents

(a) Filing of pleadings and documents.

(1) The original and one copy of the complaint, and the original of the answer and of all other documents served in the proceeding shall be filed with the hearing officer clerk.

(2) A certificate of service shall accompany each document filed or served. A party filing documents with the hearing officer clerk, after the filing of the answer, shall serve copies thereof upon all other parties and the hearing officer. The hearing officer shall maintain a duplicate file during the course of the proceeding.

(3) When the hearing officer corresponds directly with the parties, the original of the correspondence shall be sent to the hearing officer clerk, a copy shall be maintained by the hearing officer in the duplicate file, and a copy shall be sent to all parties. Parties who correspond directly with the hearing officer shall in addition to serving all other parties send a copy of all such correspondence to the hearing officer clerk. A certificate of service shall accompany each document served under this subsection.

(b) Service of pleadings and documents --

(1) Service of complaint.

(i) Service of a copy of the signed original of the complaint, may be made personally or by certified mail, return receipt requested, on the respondent (or his representative).

(ii) Service upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name shall be made by personal service or certified mail, as prescribed by paragraph (b)(1)(i) of this section, directed to an officer, partner, a managing or general agent, or to any other person authorized by appointment or by State or applicable federal law to receive service of process.

(iii) [Reserved]

(iv) Proof of service of the complaint shall be made by affidavit of the person making personal service, or by properly executed return receipt. Such proof of service shall be filed with the complaint immediately upon completion of service.

(2) Service of documents other than complaint, rulings, orders, and decisions. All documents other than the complaint, rulings, orders, and decisions, may be served personally or by certified or first class mail.

(c) Form of pleadings and documents.

(1) Except as provided in this subchapter, or by order of the hearing officer, there are no specific requirements as to the form of documents.

(2) The first page of every pleading, letter, or other document shall contain a caption identifying the respondent and the docket number which is exhibited on the complaint.

(3) The original of any pleading, letter or other document (other than exhibits) shall be signed by the party filing or by his counsel or other representative. The signature constitutes a representation by the signer that he has read the pleading, letter or other document, that to the best of his knowledge, information and belief, the statements made therein are true, and that it is not interposed for delay.

(4) The initial document filed by any person shall contain his name, address and telephone number. Any changes in this information shall be communicated promptly to the hearing officer clerk, hearing officer, and all parties to the proceeding. A party who fails to furnish such information and any changes thereto shall be deemed to have waived his right to notice and service under the rules in this subchapter.

(5) The hearing officer or the hearing officer clerk may refuse to file any document which does not comply with this section. Written notice of such refusal, stating the reasons therefor, shall be promptly given to the person submitting the document. Such person may amend and resubmit any document refused for filing upon motion granted by the hearing officer.

Notes

Haw. Code R. § 11-271-105

[Eff 6/18/94; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §22.05)