Haw. Code R. § 20-12-10 - Appeals process, information requests and submittals, and petitions for declaratory rulings

(a) Any university employee or student shall follow the appeals process established by the chancellor of the campus issuing the citation. All others, including any member of the public, shall follow the appeals process set forth in this section.

Requests for formal hearings shall be submitted in writing within seven days after issuance of the citation on a form to be provided by the campus. These forms shall be made available by the parking office, business office, administration office, or by any other office as the chancellor of each campus designates.

(b) The following rules of practice on parking and traffic matters including both informal and formal procedures are adopted:

(1) Informal procedures. Persons who believe that they have received a parking or traffic citation in error or whose vehicle was removed by the campus may file a written request for an informal review with the parking manager or other authorized person designated to manage the campus' parking and traffic program within fifteen days of the issuance of the citation or of the removal of a vehicle. The authorized person may waive the filing deadline for good cause shown. The authorized person may void citations, waive towing and storage charges, and reduce the fine imposed upon review of the facts of each case and upon a written finding that the parking or traffic citation was improperly issued or that the person did not know of the citations or notice so as to contest them within fifteen days of issuance. The authorized person's written decision shall be final and binding and no further appeal is permitted; and

(2) Formal procedures. A person requesting a formal hearing on a parking or traffic citation in accordance with subsection (a) shall be afforded an opportunity for hearing after reasonable notice as provided by chapter 91, HRS. The hearing under this section shall be treated as a contested case hearing under chapter 91, Hawaii Revised Statutes, and shall be conducted in accordance with the statutory requirements for contested case hearings, as follows:

(A) The hearing shall be conducted by a hearing officer appointed by the parking board;

(B) Upon receipt of a written request for a formal hearing, the hearing officer shall issue a written notice, which notice shall include a statement of:

(i) The date, time, place, and nature of hearing;

(ii) The legal authority under which the hearing is to be held; (iii) The particular sections of the statutes, rules, and procedures involved;

(iv) An explicit statement in plain language of the issues involved and the facts alleged by the officer issuing the citation in support thereof, provided that if the hearing officer is unable to state the issues and facts at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a bill of particulars shall be furnished; and

(v) The fact that any party may retain counsel if so desired. The written notice of hearing shall be provided to all parties to the proceeding at least fifteen days before the hearing;

(C) Opportunity shall be afforded each party to present evidence and argument on all issues involved. Every party shall have the right to conduct a cross-examination as may be required for a full and true disclosure of the facts and shall have the right to submit rebuttal evidence;

(D) Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default;

(E) For the purpose of preserving a record of the proceedings before the hearing officer, the proceedings shall be either tape-recorded or recorded verbatim by a certified shorthand reporter. It shall not be necessary to transcribe the record unless requested for purposes of rehearing, board review, or court review;

(F) Within a reasonable time following the closure of the hearing on the contested case, the hearing officer shall submit findings of fact and conclusions of law to, and prepare a proposed decision on the case as a recommendation for, the parking board and to the parties. If a party is adversely affected by the proposed decision, the party may file written exceptions and present written or oral arguments to the parking board. Any exceptions and written arguments shall be filed not more than fifteen days from the date of the proposed decision with the parking office, business office, administration office, or any other office as the chancellor of the campus handling the formal hearing designates. The parking board shall provide the parties with an opportunity to present oral arguments at an adjudicatory meeting of the parking board;

(G) In rendering the final decision, the parking board shall personally consider the whole record of the contested case or the portions thereof as may be cited by the parties. No matters outside the record shall be considered by the parking board in making a decision, except as provided in this chapter;

(H) Every decision and order adverse to a party to the proceeding shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. Parties to the proceedings shall be notified by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party. If the citation is upheld, the parking board or the hearing officer may direct payment of all or a portion of the fine or charge;

(I) If a party does not appear at the date, time, and place appointed for the hearing, either before the parking board or the hearing officer, the party may be denied another hearing on the matter; and

(J) Appeals from the final decision of the parking board rendered in a contested case under this chapter shall be in accordance with chapter 91, HRS.

(c) The public may obtain information or make submittals or requests relative to parking and traffic matters by addressing a letter to the parking office, business office, administration office, or such other office as the chancellor of the respective campus designates.

(d) Petitions for declaratory rulings as to the applicability of any statutory provision concerning parking or operation of vehicles on any campus shall be in the form of a letter to the chancellor of the respective campus stating the interest of the petitioner in the matter, the reasons for requesting the ruling and the specific nature of the ruling being requested. The chancellor shall render in writing a declaratory ruling or other order disposing of the matter.

Notes

Haw. Code R. § 20-12-10

[Eff 6/22/81; am APR 01 1993] (Auth: HRS §§ 304-4, 306-2, 308-1) (Imp: §§ 304-4, 306-9, 308-1) [Am and Comp3/18/2018] (Auth: HRS §§ 91-6, 91-8, 304A-105, 304A-2601, 304A-2672) (Imp: §§ 91-6, 91-8, 304A-105, 304A-2601, 304A-2681)