Haw. Code R. § 12-43-33 - Substitution of parties

(a) Upon motion and for good cause shown, such as death or legal incapacity, the board may order substitution of parties; provided that the substitution:

(1) Is conducive to effectuating the ends of justice;

(2) Will not unduly delay the proceeding; and

(3) Will not otherwise unduly harass, hinder, or prejudice the rights of any party.

(b) When a public officer is a party to any proceeding and the officer dies, resigns, or otherwise ceases to hold office, the officer's successor is automatically substituted as a party.

(c) Proceedings following a substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties may be disregarded in the discretion of the board.

(d) Proceedings against a public employer or a union may proceed even though the petitioner incorrectly names the public employer or union, if the board is able to ascertain the true public employer or union. Any public employee of a public employer or union specifically named shall be named in their official capacity as an employee of the public employer or union.

Notes

Haw. Code R. § 12-43-33

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