Haw. Code R. § 12-43-3 - The board

(a) The office of the board is at 830 Punchbowl Street, Room 434, Honolulu, Hawaii, 96813, or such other address where the board is located. Unless otherwise specifically directed, all written communications to the board shall be sent to this address.

(b) The office of the board shall be open from 7:45 a.m. to 4:30 p.m. of each day that is not a Saturday, Sunday, or state holiday, unless otherwise provided by statute, rule, executive order, or order of the board.

(c) Sessions of the board shall be held as follows:

(1) The board may meet and exercise its powers in any part of the State;

(2) All rulemaking meetings of the board and other meetings of the board subject to chapter 92, HRS, shall be open to the public;

(3) The board may meet in executive session, from which the public may be excluded, as provided in chapter 92, HRS; and

(4) For internal management of the board, investigations or studies conducted by the board, and adjudicatory proceedings subject to chapters 89, 91, HRS, and other applicable laws, the board may deliberate in private, and any order, ruling, deliberation, or decision by the board in such proceeding may be made in private, as provided in chapter 92, HRS.

(d) The administration of the board shall be as follows:

(1) The board's chair shall be responsible for the administrative functions of the board;

(2) The board may appoint an executive officer; such executive officer shall have the duties and functions as may be determined by the board; and

(3) The board may appoint a hearings officer to conduct a hearing; the board may confer upon such hearings officer the necessary powers, subject to chapter 89, HRS, and subchapter 2, to conduct such hearing and procedural matters related thereto.

(e) Any party to a hearing may file a motion to disqualify a board member or hearings officer, which must be filed at least ten calendar days before the hearing in question or good cause shall be shown for the failure to file the motion within such time. Such motion shall be supported by a declaration based on the personal knowledge of the declarant and stating the factual and legal reasons for the declarant's belief that a board member or hearings officer should be disqualified. The board member or hearings officer against whom the motion is filed may respond to the motion or file a notice of recusal with the board.

(f) Any action taken by the board shall be by simple majority of the members of the board. Two members of the board shall constitute a quorum.

Notes

Haw. Code R. § 12-43-3

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-5, 92-3, 92-4, 92-5, 92-6, 377-11, 396-11.5)