Haw. Code R. § 21-2-4 - Service of process

(a) The commission shall cause to be served all orders, notices, and other papers issued by it, together with any other papers which it is required by law to serve. Pleadings and memoranda relating to charges or hearings shall be served by the party filing them.

(b) All documents served by either the commission or any party shall be served upon all counsel of record at the time of such filing and upon parties not represented by counsel or upon their agents designated by them or by law. Any counsel entering an appearance subsequent to the initiation of the proceedings shall notify all parties of that fact in writing.

(c) The final opinion, decision, or any other document required to be served by the commission upon a party shall be served upon the party's counsel of record, if any, or the party or an agent designated by the party or by law to receive service of such papers.

(d) Service of a charge, further statement of alleged violation, and notice of a contested hearing shall be made:

(1) Personally upon the respondent;

(2) By delivering a copy to an agent designated by the respondent or by law to receive service of such papers;

(3) By registered or certified mail, return receipt requested; or

(4) By any method agreed to by the parties. If service by one of the above means is not made because of the refusal to accept service or the commission and its agents have been unable to ascertain the address of the respondent after reasonable and diligent inquiry, service may be effected as ordered by the circuit court pursuant to section 84-31(b) or 97-6(b), HRS, or as otherwise provided by statute.

(e) Service of a notice of the failure to file a disclosure of financial interests as required by section 84-17, HRS, shall be made in accordance with section 21-3-9.

(f) Service of all other papers required to be served shall be made by delivering a copy to counsel of record, if any, or to the person or an agent designated by the person or by law to receive service of such papers, by mailing a copy to the person's last known address, or by other means agreed to by the parties. Delivery of a copy within this subsection means handing it to the person's attorney or to the person directly or leaving it at the person's office, with the person's secretary, clerk, or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing, Service by personal delivery or mailing shall be indicated by a certification of lime and place of delivery or mailing, filed with the commission,

Notes

Haw. Code R. § 21-2-4

[Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 97-6(a)(5)) (Imp: HRS §§ 84-17, 84-31, 97-6)