Haw. Code R. § 12-43-39 - Motions to stay or enforce board decisions and orders

(a) A party may move the board to enforce or stay a final or interlocutory order or decision by the board.

(b) A motion to enforce a board decision or order shall be made within thirty days after another party's refusal to comply with the order. Following notice to the other parties and opportunity for other parties to respond, the board in its discretion may schedule the motion for hearing or may decide the motion without hearing. If it appears that a party failed to obey an order of the board while the same is in effect, the board may petition the circuit judge of the judicial circuit wherein such party resides or usually transacts business for the enforcement of the order and for appropriate temporary relief or restraining order. The board shall certify the file in the court as the record in the proceedings, including all documents and papers on file in the matter, the pleadings and testimony upon which the order was entered, and the decision and order of the board. Upon such filing the board shall cause notice thereof to be served upon the party by mailing a copy to the party's last known address, and thereupon the judge shall have jurisdiction in the premises.

(c) The board may on its own initiative petition the circuit court for appropriate relief.

Notes

Haw. Code R. § 12-43-39

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-13, 89-14, 91-14, 377-9, 396-11.5)