Haw. Code R. § 6-83-99 - Informal complaints; form; filing

(a) The State or any county, excavator, or operator may file an informal complaint against any excavator or facility operator subject to chapter 269E, HRS.

(b) Informal complaints may be in letter form, or on a form prescribed by the commission. The commission will assign a unique number to each informal complaint.

(c) The informal complaint should state the names of the complainant, the respondent, the date and approximate time of the act or omission, and set forth fully and clearly the facts of the act, or failure to act, complained of. All available supporting papers, including, but not limited to call center records, property damage or medical bills, letters, notices, and photographs, should be submitted at the time of filing the informal complaint, or within such time as the commission may allow, or the complaint may be returned to complainant as incomplete.

(d) The informal complaint should be written so as to fully and completely advise the commission and the respondent in what respects the provisions of chapter 269E, HRS, or rules have been, are being, or will be violated and should set forth in plain language the facts claimed to constitute the violation.

(e) An informal complaint should specify the relief sought or desired, such as, but not limited to, requests for compensation, and or damages, from respondent or that respondent should cease and desist from a practice.

(f) Informal complaints shall be filed with the commission by delivering in person, or causing to be delivered by the U.S. mail, the written document required under subsection (a). The informal complaint is deemed filed on the date it is received by the commission. If, in addition to the complaint, supporting documents or photographs are being filed, they shall accompany the informal complaint.

(g) If an informal complaint appears to be susceptible to informal disposition, a copy or a statement of the substance of the complaint may be transmitted by the commission to the respondent in an attempt to have the complaint satisfied by correspondence or conference without the need for a formal complaint.

(h) If a formal complaint is subsequently filed, the commission's processing of the informal complaint shall be discontinued.

Notes

Haw. Code R. § 6-83-99

[Eff JAN 23 2012] (Auth: HRS § 269E-15) (Imp: HRS § 269E-3)