Haw. Code R. § 8-52-9 - Proceedings before the board
(a) Limitations to
appearances before the board shall be as follows:
(1) No person who has been associated with
the board as a member, officer, employee, or counsel shall be permitted to
appear before the board in behalf of, or to represent in any manner, any party
in connection with any proceeding or matter that the person has handled or
passed upon while associated in any capacity with the board.
(2) No person appearing before the board in
any proceeding or matter shall, in relation thereto, knowingly accept
assistance from and compensate any individual who would be barred by this
subsection.
(3) No person who has
been associated with the board as a member, officer, employee, or counsel shall
be permitted to appear before the board in behalf of, or to represent in any
manner, any person or agency in connection with any proceeding or matter that
was pending before the board at the time of that person's association, unless
that person shall first have obtained the written consent of the board, upon a
verified showing that the person did not give personal consideration to the
matter or proceeding as to which consent is sought or gain particular knowledge
of the facts thereof during that person's association with the board. This
subsection shall not apply to any person or agency who has terminated
association with the board for a period of five (5) years.
(b) The board, upon its own initiative or
upon motion, may consolidate two or more appeals for hearing or for other
purposes if they involve substantially the same parties, issues or classes that
are the same or closely related, if it finds that the consolidation will be
conducive to the proper dispatch of its business.
(c) The following requirements shall apply to
the filing of documents:
(1) All appeals and
other papers required to be filed with the board in any proceeding shall be
filed at the Department of Education, 1390 Miller Street, Room 300, Honolulu,
Hawaii 96813, within the time period prescribed by the order of the board. The
date of filing shall be deemed to be the date on which the petition is actually
received by the board or the date of the postmark, if mailed. Petitions not
mailed shall be delivered in person by the appellant or the appellant's
representative for time-stamping at the time of delivery.
(2) Appeals shall be made on the appropriate
form for classification or compensation (pricing) appeals. The forms shall be
made available at all state and district offices, or through the exclusive
representative for educational officers. Additional information may be attached
to the appeal form being submitted.
(3) Unless otherwise specified, an original
and seven copies of all papers shall be filed.
(4) If any document filed in an appeal is not
in substantial conformity with the applicable rules of the board as to the
contents therein, or is otherwise insufficient, the board on its own motion or
motion of any party may strike the document or require its amendment. Five days
or the balance of the period for filing, whichever is greater, shall be allowed
to submit amended documents. If amended, the document shall be effective as of
the date of receipt of the amendment.
(5) All documents filed with or presented to
the board shall be retained in its files.
(d) All computations of time shall be based
on calendar days, except that when the last day of any computation falls on a
non-working day (Saturday, Sunday and holidays), the last day shall be
considered to be the first working day after the non-working day.
(e) All decisions made by the board in any
appeal shall be served upon the parties participating in the appeal by regular
mail or personal delivery, or as otherwise mutually agreed to by the board and
the parties involved.
Notes
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