HAR §18-237D-200-12. Computation of time

In computing any time period under sections 18-237D-200-01 through 18-237D-200-25, the day of the act, event, or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or state holiday. Intermediate Saturdays, Sundays, or state holidays shall be included. Intermediate Saturdays, Sundays, or state holidays shall be excluded in the computation when the period of time prescribed or allowed is less than seven days. Except as otherwise provided, whenever an act required to be performed under these rules may be accomplished by mail, the act shall be deemed to have been performed on the date the items are postmarked. Any reference in sections 18-237D-200-01 through 18-237D-200-25 to the United States mail shall be treated as including a reference to a designated delivery service and any reference to a postmark by the United States Postal Service shall be treated as including a reference to any date recorded or marked by the designated delivery service. As used in this section, "designated delivery 12 service" means any delivery service designated for purposes of section 7502 of the federal Internal Revenue Code." [Eff ] (Auth: HRS §231- 10.7) (Imp: HRS §§91-9, 237D-8.5) 13. Chapter 18-237D, Hawaii Administrative Rules, is amended by adding a new section 18-237D-200- 13 to read as follows: "§18-237D-200-13 Filing of documents; amendment; dismissal; retention. (a) All pleadings, submittals, petitions, applications, charges, reports, maps, exceptions, briefs, memorandums, and other papers required to be filed in any agency appeal shall be filed with the director or as instructed by the director or presiding officer. The papers may be sent electronically, by United States mail, postage prepaid, or by hand-delivery to the department, within the time limit, if any, as set forth in any statute or rule, for the filing. The date on which the papers are actually received by the department shall be deemed the date of filing. (b) Filing electronically means emailing the filing in pdf format or other format as instructed by the director or presiding officer to an email address designated by the director or presiding officer. The email shall include a subject line identifying the appeal number, the respondent, and the hearing date and a description of the papers being filed. (c) All papers filed with the department, other than papers filed electronically, shall be written in ink, typewritten, or printed, shall be plainly legible, shall be on strong durable paper, not larger than 8-1/2 by 11 inches in size except that tables, maps, charts, and other documents may be larger, but shall be folded to the size of the documents to which they are attached. Papers filed electronically must be transmitted in a form that can be legibly and understandably printed to 8-1/2 by 11 inch paper or 8- 1/2 by 17 inch paper. (d) All papers must be signed in ink by the party or a duly authorized agent or attorney. The 13 presentation to the director (whether by signing, filing, submitting, or later advocating) of any paper shall constitute a certification that the party in interest has read the document; that to the best of the party's knowledge, information, and belief every statement contained in the document is true and no such statements are misleading; and that the document is not interposed for delay. (e) Unless otherwise specifically provided by a particular rule or order of the department, an original and two copies of all papers shall be filed. Papers sent electronically shall not require any copies. However, the original must be presented to the department upon request. (f) The initial document filed by any person in any proceeding shall state on the document's first page the name and mailing address of the person or persons who may be served with any documents filed in the proceeding. (g) All papers filed in an agency appeal shall be served on all other parties to the hearing by the filing party in accordance with any deadlines imposed by the director or presiding officer. Service may be accomplished by: (1) Personal service on the party, party's officer or director, or party's registered agent for service of process as shown in the records of the department of commerce and consumer affairs; or (2) Mail to the party's last known business or residence address or the address of respondent's registered agent for service as shown in the records of the department of commerce and consumer affairs. (h) If any document initiating or filed in an agency appeal is not in substantial conformity with the applicable rules of the department as to the document's contents, or is otherwise insufficient, the presiding officer, on his or her own motion, or on motion of any party, may strike the document, or require its amendment. The document initiating the agency appeal may not be stricken, but may be subject to required 14 amendments. If amendments are required, the document with amendments shall be effective as of the date of the original filing. (i) All documents filed in an agency appeal shall be retained in the files of the presiding officer, except that the presiding officer may permit the withdrawal of original documents upon submission of properly authenticated copies to replace the original documents." [Eff ] (Auth: HRS §231-10.7) (Imp: HRS §§91-9, 237D-8.5) 14. Chapter 18-237D, Hawaii Administrative Rules, is amended by adding a new section 18-237D-200- 14 to read as follows: "§18-237D-200-14 Filed documents available for public inspection. (a) Unless otherwise provided by statute, rule, or order of the presiding officer, all information contained in any document filed in any agency appeal shall be available for inspection by the public after final decision. (b) Confidential treatment may be requested where authorized by statute. For good cause shown, the presiding officer shall grant such a request. (c) When permitted or authorized, matters of public record may be inspected in the appropriate offices of the department during regular office hours." [Eff ] (Auth: HRS §231-10.7) (Imp: HRS §§91-9, 237D-8.5) 15. Chapter 18-237D, Hawaii Administrative Rules, is amended by adding a new section 18-237D-200- 15 to read as follows: "