HAR §6-23-53. Reconsideration of decision

(a) A motion for reconsideration shall be filed with the board within fifteen days after the board files its final decision. The motion for reconsideration shall clearly specify that the motion is for reconsideration. (bl The motion for reconsideration shall state specifically what points of law or fact, or both, the motion asserts the board has overlooked or misunderstood, together with brief arguments on the points raised. (c) No answer or reply to a motion for reconsideration shall be required or considered unless requested by the board. Oral argument on the motion shall be at the discretion of the board. (d) Only one motion for reconsideration shall be filed by each party and the filing of a motion for reconsideration shall not operate as a stay of the board's final decision or order. (Eff and comp 11/26/2009; comp APR \ 1 20?? ] (Auth: HRS §§88­ 28, 91-2) (Imp: HRS §§'91-2, ~l-9) 23-38 ERS 202 (August 2009) Appendix A PETITION FOR CONTESTED CASE HEARING SAMPLE FORMAT BOARD OF TRUSTEES El\1PLOYEES' RETIREMENT SYSTEM STATE OF HAWAIT ) ) DOCKETNo.: _________ In the Matter of J (To be filled in by agency) ) (Petitioner's first and last name) ) PETIT[ON FOR CONTESTED CASE ) HEARING Petitioner, ) ) Attachments or E;,;hibits: for a Contested Case Hearing, ) ) 1. -------------­ ) ) 2. ------------­ ) ) 3. --------~ ) ) 4. ) PETITION FOR CONTESTED CASE HEARL'JG 1. PETITIONER'S INFORMATION A. Petitioner's Name: (Type or write in the Petitioner'sfull legal name.) B. Petitioner's Malling Address: (Type or write in the Petitioner's complete mailing address. Unless the Petitioner is represented by an attorney, all notices and pleadings in this proceeding will be mailed to this address.) C. Petitioner's Telepb.one Number: (Type or write in the Petitioner's complete telephone number.) D. Petitioner's Fax Number: (Type or write in the Petitioner's completefax number, ifavailable.) E. Petitioner's E•Mall Address: (Type or write in the Petitioner's e-mail address, if available.) -1­ ERS 202 (August 2009) Appendix A 2. STATEl\ffiNT OF PETITIONER'S lNTEREST, REASONS FOR SUBMITTING PETITION AND ISSUES A. Nature of Petitioner's Interest: (Bn'ejly state the nature of Petitioner's interest in this Petition. For example: "I am a member ofthe Employees' Retirement System," or "/am a beneficiary ofthe Employees' Retirement System.") B. Petitioner's Reasons for Submitting Petition: (Briefly staJe Petitioner's reasons for filing this Petition. For example, "The Employees' Retirement System has improperly calculated my service credits.") C. Petitioner's Statement of Issues: (Briefly describe all ofthe issues being raised in this Petition including all ofthe claims being made under the Petition. For example, "Under Hawaii Revised Statutes§ 88-132, I am claiming military service credit because I was an active member ofthe Employees' Retirement System when I went on rniUtary leave in March 1972. ") 3. STATEl\lENT OF RELEVANT FACTS (In this section ofthe Petition, state all ofthe facts that Petitioner believe,t CJre relevanr ro the issues being raised in the Petition, including a chronology ofevents, ifthat would be helpful to understanding the issues. IfPetitioner is disputing a denial ofretirement benefits, service credits, or some other entitlement, state the date ofthe denial, the date when you became aware ofthe denial, cmd how you discovered or learned ofthe denial.) 4. STA TEl\fENT OF LEGAL REASONS SUPPORTING THE PETITION (In this section ofthe Petition, state the legal reasons supporting Petitior1er's claims or positions on issues raised in the Petition. Ifthe legal reasons include arry court decisions or other legal. authorities, identify them and state how they support Petitioner's claims or positions.) 5. PETITIONER'S POSITION ON STATUTES, RULES, Ai"ffi ORDERS IN QUESTION A, Statutes: (Identify any statures which are involved in the Petition and Petitioner's position on those sfatutes. For example, ifPetitioner is disputing a denial of retirement benefits, identify all statutes under which Petitioner believes th.at those benefits should be granted. IfPetitioner is contesting the interpretation ofany statutes by the Empwyees' Retirement System (ERS), identify the statutes in question anti provide Petitioner's interpretation ofthose statutes.) B. Rules: (Identify any ERS or other agency rules which are involved in rhe Petition. For example, ifPetitioner is claiming some right or benefit, identify all rules which support Petitioner's claim. IfPetitioner is claiming that any ERS rules are invalid, identify those rules and state the reasons that Petitioner claims they are invalid. If Petitioner is contesting the ERS' 1'nterpretarion ofany rules, identify the rules, and provide Petitioner's interpretation ofthose rules. Ifno ERS or other agtncy ruks are involved, state "None" or "Not Applicable".) ERS 202 (August 2009) Appendix A C. Orders: (Identify any court, ERS or other agency orders which Petitioner claims are involved in the Petition. For example, ifPetitioner is claiming some right or benefit, identify all orders which support Petitioner's claim. IfPetitioner is claiming that a priorERS order is invalid, identify the order, and state the reasons why Petitioner claims iris invalid. lfPetirioner is contesting the ERS' interpretation of any orders, identify the orders ,andprovick Petitioner's interpretaJion ofthose orders. Attach a copy ofeach order identified to this Petition. Ifno orders are involved, state "None" or "Not Applicable".) 6. RELIEF REQUESTED (In this section, state exactly and completely what reliefor remedy Petitioner is see/cjng from the Board ofTrustees ofthe Employees' Retirement System under this Petition.) 7. NAMES OF OTHER PARTIES OR POTENTIAL PARTIES (Stare the full n.ames and addresses, if!<Jzown, ofany persons, jinns, or other entities that Petitioner believes should be made parties to this proceeding or who are potentially parties to this proceeding. lfthere are no other parties orpotential parties, state "None" or "Not Applicable. ") 8. APPEARANCE ON BEHALF OF PETITIONER If the Petitioner is being represented by an attorney or other agent in this proceeding, provide the name, mailing address, telephone number, fax number (if available), and e-mail address (if available) of the attorney or other agent below. By filling in this information, Petitioner is authorizing the Employees' Retirement System to provide all notice.sand other documenLc; in this proceeding to the attorney or agent identified below instead of to the Petitiooer. A. Name: B. Mailing Address: C. Telephone Number: 0. Fax Number: E. E•Mail Address: This Petition is being filed pursuant to Section 91·9, Hawaii Revised Statutes, and Hawaii Administrative Rules Chapter 6-23. I declare under penalty of perjury that the facts alleged in thls Petition are, to the best of my knowledge, true and correct DATED: (Type or write in Petitioner's city, state, and the dare the Petition is signed) By ___ _ _ ________ _ _ Petitioner (signature) -3­