Haw. Code R. § 18-237D-4-23 - Filing of documents; amendment; dismissal; retention
(a) All pleadings, submittals, petitions,
applications, charges, reports, maps, exceptions, briefs, memorandums, and
other papers required to be filed in any agency appeal shall be filed with the
director or as instructed by the director or presiding officer Such papers may
be sent electronically, by facsimile transmission, by United States mail,
postage prepaid, or by hand-delivery to the department, within the time limit,
if any, as set forth in any statute or rule, for such filing The date on which
the papers are actually received by the department shall be deemed the date of
filing.
(b) Filing electronically
means emailing the filing in pdf format or other format as instructed by the
director or presiding officer to an email address designated by the director or
presiding officer. The email shall include a subject line identifying the
appeal number, the respondent, and the hearing date and a description of the
papers being filed.
(c) All papers
filed with the department, other than papers filed electronically or by
facsimile, shall be written in ink, typewritten, or printed, shall be plainly
legible, shall be on strong durable paper, not larger than
8-1/2 by 11
inches in size except that tables, maps, charts, and other documents may be
larger, but shall be folded to the size of the documents to which they are
attached. Papers filed electronically or by facsimile must be transmitted in a
form that can be legibly and understandably printed to
8-1/2 by 11
inch paper or
8-1/2 by 17
inch paper.
(d) All papers must be
signed in ink by the party or a duly authorized agent or attorney. The
presentation to the director (whether by signing, filing, submitting, or later
advocating) of any paper shall constitute a certification that the party in
interest has read the document; that to the best of the party's knowledge,
information, and belief every statement contained in the document is true and
no such statements are misleading; and that the document is not interposed for
delay.
(e) Unless otherwise
specifically provided by a particular rule or order of the department, an
original and two copies of all papers shall be filed. Papers sent
electronically or by facsimile transmission shall not require any copies.
However, the original must be presented to the department upon
request.
(f) The initial document
filed by any person in any proceeding shall state on the document's first page
the name and mailing address of the person or persons who may be served with
any documents filed in the proceeding.
(g) All papers filed in an agency appeal
shall be served on all other parties to the hearing by the filing party in
accordance with any deadlines imposed by the director or presiding officer.
Service may be accomplished by:
(1) Personal
service on the party, party's officer or director, or party's registered agent
for service of process as shown in the records of the department of commerce
and consumer affairs; or
(2) Mail
to the party's last known business or residence address or the address of
respondent's registered agent for service as shown in the records of the
department of commerce and consumer affairs.
(h) If any document initiating or filed in an
agency appeal is not in substantial conformity with the applicable rules of the
department as to the document's contents, or is otherwise insufficient, the
presiding officer, on his or her own motion, or on motion of any party, may
strike the document, or require its amendment. The document initiating the
agency appeal may not be stricken, but may be subject to required amendments.
If amendments are required, the document with amendments shall be effective as
of the date of the original filing.
(i) All documents filed in an agency appeal
shall be retained in the files of the presiding officer, except that the
presiding officer may permit the withdrawal of original documents upon
submission of properly authenticated copies to replace the original documents.
Notes
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