Haw. Code R. § 4-1-37 - Filing of complaint

(a) Any person or agency of the State or its political subdivisions, or any officer thereof, may file a complaint against a person holding a license, permit, or certificate issued by the board charging a violation of any law over which the board has jurisdiction or of any rule of the board.

(b) The complaint shall be in writing, signed by the complainant, and shall contain:

(1) A short and simple statement of the facts constituting the alleged violation;

(2) The name and address of the complainant; and

(3) The name and address of the respondent.

(c) Upon receipt of a complaint, the chairperson shall:

(1) Transmit a copy of the complaint to the person against whom the complaint has been filed;

(2) Direct the department staff to investigate the matter contained in the complaint if it has not already done so, and to make an appropriate report and recommendations.

(d) Upon receipt of the staff investigative report, the chairperson shall present the complaint, together with the staff report and recommendations, to the board at its next meeting.

(e) The board shall determine whether or not the complaint should be set for a contested case hearing. The board need not order a hearing where the matters complained of:

(1) Involve a private controversy redressable in the courts and the public interest is not involved; or

(2) Concern a situation where it is clear on the face of the complaint that there has been no violation of law or rule.

Notes

Haw. Code R. § 4-1-37

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 92-17) (Imp: HRS §§ 91-2, 92-17)