Haw. Code R. § 12-43-142 - Answer

(a) The respondent shall file a written answer with the board within ten days after service of a copy of the petition, along with certificate of service on all parties.

(b) The answer shall contain the following:

(1) A specific admission, denial, or explanation of each allegation of the petition, or, if the respondent is without knowledge thereof, the respondent shall so state and the statement shall constitute a denial. Admissions or denials may be made to all or part of the allegation, but shall fairly meet the substance of the allegation;

(2) A specific detailed statement of any affirmative defense; and

(3) A clear and concise statement of the facts and matters of law relied upon constituting the grounds for defense.

(c) In extraordinary circumstances as determined by the board, the board may extend the time within which the answer shall be filed upon motion filed by the respondent with an accompanying declaration setting forth the grounds upon which the motion is based and indicating the position of the other parties with regard to the extension. Any motion for extension shall be filed before the expiration of the required period for filing an answer.

(d) If an exclusive representative is named as a respondent and fails to timely file an answer, that failure shall constitute an admission of the material facts alleged in the petition and a waiver of a hearing thereon.

(e) If a nonmember employee is named as a respondent and fails to timely file an answer, the board shall grant an exclusive representative's petition if there has been a prima facie showing that its assessments are correct and permitted by law.

Notes

Haw. Code R. § 12-43-142

Eff 10/21/2022 (Auth: HRS § 89-5) (Imp: HRS § 89-4)