Haw. Code R. § 6-23-28 - Contents of petition; form; rejection

(a) The original and one copy of the petition shall be filed with the system. The petition shall contain:

(1) The petitioner's name, mailing address, and telephone number, and the petitioner's fax number and e-mail address, if available;

(2) A brief statement of the nature of the petitioner's interest, including reasons for the submission of the petition;

(3) A designation of the specific statutory provision, rule, or order in question;

(4) A complete statement of the relevant facts, including the date of the alleged denial of the benefit, service credit, or other entitlement;

(5) A brief statement of the issues raised;

(6) A statement of the petitioner's interpretation of the statute, rule, or order or the petitioner's position or contention with respect thereto;

(7) A statement containing the legal reasons, including any legal authorities, in support of the petitioner's interpretation and the relief sought;

(8) The names of any other parties or potential parties; and

(9) The petitioner's signature.

(b) The petitioner may use Form ERS 202, entitled "Petition for Contested Case Hearing, Sample Format" dated August 2009, Appendix A, located at the end of this chapter, as a petition, or may file a petition in pleading or letter format, so long as the petition is legible and complies with subsection (a).

(c) The executive director on behalf of the system may reject any petition that does not conform to the requirements of subsections (a) and (b). The rejection shall be in writing and shall state the reasons therefor.

(d) A petition that is not rejected will be assigned by the system to a hearing officer.

Notes

Haw. Code R. § 6-23-28

[Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 91-2, 91-9) Am and comp 4/11/2022