Haw. Code R. § 15-15-41 - Defective or nonconforming documents

(a) The mere fact that a document has been filed or been deemed a proper filing by the executive officer pursuant to section 15-15-50 (d) and (e) shall not be deemed a waiver of any failure to comply with this subchapter. Except as provided in subsection (b), if a document filed in a proceeding governed by this chapter is defective, not in substantial conformity with the applicable rules of the commission, or is otherwise insufficient, the commission may on its own motion or on the motion of any party, strike or dismiss such document or require its amendment. If amended, the document shall be effective as of the date the amended or corrected document is deemed a proper filing by the executive officer.

(b) Notwithstanding the provisions of sections 15-15-50(6), 15-15-50(f), and 15-15-50.5, the commission may, on its own motion, or on motion by any of the parties addressing alleged deficiencies of the petition, dismiss defective or nonconforming petitions with or without prejudice. If the petition is determined by the commission to be defective or nonconforming, the date of proper filing shall be the date the commission determines that the defects are cured. If the defects are jurisdictional, including, without limitation, failure to satisfy the requirements of section 15-15-50(c) (5), the commission shall dismiss the petition without prejudice.

Notes

Haw. Code R. § 15-15-41

[Eff 10/27/86; am and comp 8/16/97; comp MAY 08 2000] (Auth: HRS §§ 205-1, 205-7) (Imp: HRS § 91-2) Am and comp 11/2/2013; comp 10/18/2019