Haw. Code R. § 12-43-64 - Answer
(a) A respondent shall file an answer to a
complaint, amended complaint or a motion to dismiss in lieu of answer within
ten days after service of the complaint, unless otherwise directed by the
board, and shall serve the answer or motion upon all other parties as reflected
on an attached certificate of service.
(b) If the charge is believed by a respondent
to be so vague and indefinite that the respondent cannot reasonably be required
to frame an answer thereto, the respondent may, within five days after service
of the complaint, file a motion for particularization of the complaint with the
board, requesting that the complainant file a statement supplying specific
information. If the board grants the motion, the complainant shall file with
the board, and serve the respondent with, the requested particularization
within five days after service of the board's granting order, unless the board
directs otherwise. If the complainant fails to timely file and serve the
particularization, the board may dismiss the complaint. Within five days after
service of the complainant's particularization, the respondent shall file with
the board an answer, with certificate of service on all parties, unless the
board directs otherwise.
(c) The
answer shall contain the following:
(1) A
specific admission, denial, or explanation of each allegation of the complaint,
or, if respondent is without knowledge thereof, the respondent shall so state
and the statement shall constitute a denial;
(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 of defense.
(d) In circumstances involving excusable
neglect, the board may, upon motion, extend the time within which the answer
shall be filed.
(e) All allegations
of new matters in the answer shall be deemed denied without the necessity of a
reply.
(f) If the respondent fails
to file a timely answer, such failure may constitute an admission of the
material facts alleged in the complaint and a waiver of hearing.
(g) The respondent may file a motion to
dismiss in lieu of a timely answer. If such motion is denied, the respondent
shall file an answer within the time specified in the board's
decision.
Notes
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