Haw. Code R. § 12-43-17 - Appearance and practice before the board

(a) An employee, public employee, or other individual who is a party to a proceeding may appear on the person's own behalf; an employee organization may be represented by a person or persons duly designated and authorized by the employee organization; and an employer or public employer may appear on its own behalf or through a person or persons duly designated and authorized by such employer.

(b) When a person acting in a representative capacity appears in a proceeding or signs a document submitted to the board, that appearance or signature shall constitute a representation to the board that such individual is lawfully authorized to act as a representative. The board may at any time require any person transacting business before the board in a representative capacity to furnish proof of authorization to act in that capacity.

(c) In any proceeding under chapters 89, 377, or 396, HRS, any employee, public employee, employee organization, employer, public employer, or any other party to a proceeding may be represented by legal counsel at that party or individual's own expense.

(1) Substitution of legal counsel shall be effective upon filing of notice of the substitution by the party represented. Withdrawal of legal counsel in the absence of a concurrent substitution shall be effective only upon the approval of the board and is subject to the guidelines of the Hawaii Rules of Professional Conduct. No party shall substitute or withdraw legal counsel for the purpose of delaying a proceeding. Substitution or withdrawal of counsel less than thirty days before a hearing shall not be considered sufficient reason to continue the hearing, unless good cause is shown.

(2) At the discretion of the board, an attorney who is not authorized to practice law in the state and who associates with a member in good standing of the Hawaii state bar may appear in a representative capacity.

(d) Any ethical bar to appearing before the board is governed by chapter 84, HRS.

(e) Any employee, public employee, or other individual who is a party to a proceeding appearing on the person's behalf, employee organization representative, person acting in a representative capacity, or legal counsel representing a party shall be responsible for notifying and keeping the board informed of their current information, including a mailing address, contact phone number, and email address.

(f) The board may establish additional decorum standards or protocols.

Notes

Haw. Code R. § 12-43-17

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-5, 89-14, 377-9, 396-11.5)