HAR §6-23-28
HAR §6-23-28. Contents of petition; form; rejection
Length: 321 wordsOfficial source
Cite as Haw. Code R. § 6-23-28
(a) The original and one copy of the petition shall be
filed with the system. The petition shall contain:
(1)
The petitioner's name, mailing address, and
telephone number, and the petitioner's fax
number and e-mail address, if available;
(2)
A brief statement of the nature of the
petitioner's interest, including reasons for
the submission of the petition;
(3)
A designation of the specific statutory
provision, rule, or order in question;
(4)
A complete statement of the relevant facts,
including the date of the alleged denial of
the benefit, service credit, or other
entitlement;
(5)
A brief statement of the issues raised;
(6)
A statement of the petitioner's
interpretation of the statute, rule, or
order or the petitioner's position or
contention with respect thereto;
(7)
A statement containing the legal reasons,
including any legal authorities, in support
of the petitioner's interpretation and the
relief sought;
(8)
The names of any other parties or potential
parties; and
(9)
The petitioner's signature.
(b)
The petitioner may use Form ERS 202,
entitled "Petition for Contested Case Hearing, Sample
Format" dated August 2009, Appendix A, located at the
end of this chapter, as a petition, or may file a
23-22
petition i n pleading or l e tter fo rmat, so long a s the
petition is l egible and c omplies wi th subsection (a) .
(c ) The executive director on behalf of the
s ystem may re ject any p etition tha t does not c onform
to the require ments of subsect ions
(a) a nd (bl. The
r ejection shal l b e in writing and shall state the
r easons therefo r .
(d) A petition that is not rejected will be
a ssigned by the s ystem to a hearing off i cer.
[Eff a nd
comp 11/26/2009; am and comp
APR 1" 1 ?0?2
J
(Auth:
HRS §§88- 28, 91-2 )
{Imp:
HRS § § 91-2 ,
91-9)