HAR §6-20-18

HAR §6-20-18. Advisory memorandum

Last amended: 2009Length: 334 wordsOfficial source

Cite as Haw. Code R. § 6-20-18

The executive director, within thirty days after receiving the notice of hearing, shall file a memorandum advising the board or hearing officer of the executive director's position and responding to the points raised in the petition. The executive director shall recommend whether the board should grant or deny the petition, and state the legal and factual reasons for the recommendation. Other parties recognized by the board, within thirty days after receipt of the notice of hearing, may also file and serve upon the board or hearing officer and all parties a memorandum responding to the petition, advising the board of the parties' position and stating concisely and fully the parties' legal position or contentions and reasons, including legal authorities. [Eff and comp 11/26/93; am and comp 11/26/2009; am and comp APR 1 · 1 20?2 l (Auth: HRS §§88-28, 91-2, 91-8) (Imp: HRS §91-8) §6-20-19 Request for additional facts or supplemental memorandum; documents. (a) The board or hearing officer at any time before they file their decisions may request the petitioner or any party, including the executive director, to submit a statement of additional facts or a legal memorandum, the purpose of which is to clarify a specific factual or legal issue, position, or contention, provided the request shall aid in effectuating the ends of justice, or in achieving its purposes, and shall not unduly delay the proceedings or hinder, harass, or unreasonably prejudice any party. (b) If any document filed in a proceeding governed by this subchapter is not in substantial conformity with the applicable rules of the board, or is otherwise insufficient, the board or hearing officer may, on its own motion or on motion of a party, strike that document or require its amendment. All documents filed with or presented to the board or hearing officer may be retained in the files of the 20-13 system. [Eff and comp 11/26/93; am and comp 11/26/2009; am and comp APR t· 1 ?nn ] (Auth: HRS §§88-28, 91-2, 91-8) (Imp: HRS §§91-8, 92-16)