HAR §21-2-3
HAR §21-2-3. Continuances or extensions of time
Cite as Haw. Code R. § 21-2-3
Whenever a person or
agency has a right or is required to take action within the period prescribed or
allowed by these rules, or by order of the commission, the person or agency may
apply to the executive director or the commission for an extension not to exceed
fifteen days. Additional extensions or extensions exceeding fifteen days will be
allowed only upon written request aod may be granted by the com.mission chair or
designec for good cause shown. [Eff July 13, 198 l; am and comp
~g~ ! ~' J~J£
] (Auth: HRS §§84-3 l(a)(S), 97-6(a)(5)) (Tmp: HRS§§ 1
8
3
§2.1-2-4 Scryice of process. (a) The commission shall cause to be served
all orders, notices, and other papers issued by it, together with any other papers
which it is required by law to serve. Pleadings and memoranda relating to charges
or hearings shall be served by the party fi ling them.
2-2
§2 1-2-4
(b)
All documents served by either the commission or any party shall
be served upon all counsel of record at the time of such filing and upon parties not
represented by counsel or upon their agents designated by them or by law. Any
counsel entering an appearance subsequent to the initiation of the proceedings
shall notify all parties of that fact in writing.
(c)
The final opinion, decision, or any other document required to be
served by the commission upon a party shall be served upon the party's counsel of
record, if any, or the party or an agent designated by the party or by law to receive
service ofsuch papers.
(cl)
Service of a charge, further statement of alleged violation, and
notice of a contested hearing shall be made:
(1)
Personally upon the respondent;
(2)
By delivering a copy to an agent designated by the respondent or
by law to receive service of such papers;
(3)
By registered or certified mail, return receipt requested; or
( 4)
By any method agreed to by the parties.
If service by one of the above means is not made because of the refusal to accept
service or the commission Md its agents have been unable to ascertain the address
of the respondent after reasonable and diligent inquiry, service may be effected as
ordered by the circuit court pursuant to section 84-31 (b) or 97-6(b), HRS, or as
otherwise provided by statute.
(e)
Service of a notice of the failure to file a disclosure of financial
interests as required by section 84-17, HRS, shall be made in accordance with
section 21-3-9.
(t)
Service of all other papers required (o be served shall be made by
delivering a copy to counsel of record, if any, or to the person or an agent
designated by the person or by law to receive service of such papers, by mailing a
copy to the person's last known aclclrcss, or by other means agreed to by the
parties. Delivery or a copy within this subsection means handing it to the person's
attorney or to the person directly or leaving il at the person's office, with the
person's secretary, clerk, or other person in charge thereof; or, if there is no one in
charge, leaving i( in a conspicuous place therein; or, if the office is closed or the
person to be served has no office, leaving it al the person's dwelling house or
usual place of abode with some person of suitable age and discretion then residing
therein. Service by mail is complete upon nrnili11g. Service by personal delivery or
mailing shall be iJldicated by a certification of time and place of delivery or
mailin~ f'.ile'1~'1~-h the commission. [EffJuly 13, 1981; am and comp
NO\J 'Z t, Lv
] (Auth: HRS §§84-31(a)(S), 97-6(a)(5)) (Imp: HRS
§§84-17, 84-31, 97-6)
2-3
3 378
'
l ~ j
§2 1-2-5
§2 1-2-5 Subpoenas. (a) Subpoenas requiring the attendance ofwitnesses
or the production of documentary evidence from any place within the State at any
designated place of hearing, or at any designated place of an investigatory
interview by the executive director, may be issued by any member of the
comm1ss1on.
(b)
Requests for subpoenas shall be made in writing to the
commission. Requests for subpoenas for the production of documenta1y evidence
shall be reasonable in scope
1 and specify as clearly as possible documents or data
desired, and show their general relevancy.
(c)
Requests for subpoe11as for the production of documentary
evidence, or for the appearance of witnesses at a hearing or at an investigato1y
interview, shall be made at least fourteen days prior to the bearing or interview. If
application for a subpoena for a hearing is made al a later time, the commission
may, in its discretion, continue the hearing or any part thereof.
(d)
Enforcement of obedience to subpoenas issued by the commission
and served pursuant lo this chapter will be effected by written application of any
commissioner to any circuit j udge. [Eff July 13, 1981; am and comp
NOV 2 8 W20 ] (Auth: HRS §§84-3 l(a)(S), 92-16, 97-6(a)(5)) (lmp:
HRS §§84-3 1, 92-16, 97-6)