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)
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