HAR §8-52-9. Proceedings before the board

(a) Limitations to appearances before the board shall be as follows: (1) No person who has been associated with the board as a member, officer, employee, or counsel shall be permitted to appear before the board in behalf of, or to represent in any manner, any party in connection with any proceeding or matter that the person has handled or passed upon while associated in any capacity with the board. (2) No person appearing before the board in any proceeding or matter shall, in relation thereto, knowingly accept assistance from and compensate any individual who would be barred by this subsection. (3) No person who has been associated with the board as a member, officer, employee, or counsel shall be permitted to appear before the board in behalf of, or to represent in any manner, any person or agency in connection with any proceeding or matter that was pending before the board at the time of that person's association, unless that person shall first have obtained the written consent of the board, upon a verified showing that the person did not give personal consideration to the matter or proceeding as to which consent is sought or gain particular knowledge of the facts thereof during that person's association with the board. This subsection shall not apply to any person or agency who has terminated association with the board for a period of five (5) years. (b) The board, upon its own initiative or upon motion, may consolidate two or more appeals for hearing or for other purposes if they involve substantially the same parties, issues or classes that are the same or closely related, if it finds that the consolidation will be conducive to the proper dispatch of its business. (c) The following requirements shall apply to the filing of documents: (1) All appeals and other papers required to be filed with the board in any proceeding shall be filed at the Department of Education, 1390 Miller Street, Room 300, Honolulu, Hawaii 96813, within the time period prescribed by the order of the board. The date of filing shall be deemed to be the date on which the petition is actually received by the board or the date of the postmark, if mailed. Petitions not mailed shall be delivered in person by the appellant or the appellant's representative for time-stamping at the time of delivery. (2) Appeals shall be made on the appropriate form for classification or compensation (pricing) appeals. The forms shall be made available at all state and district offices, or through the exclusive representative for educational officers. Additional information may be attached to the appeal form being submitted. (3) Unless otherwise specified, an original and seven copies of all papers shall be filed. (4) If any document filed in an appeal is not in substantial conformity with the applicable rules of the board as to the contents therein, or is otherwise insufficient, the board on its own motion or motion of any party may strike the document or require its amendment. Five days or the balance of the period for filing, whichever is greater, shall be allowed to submit amended documents. If amended, the document shall be effective as of the date of receipt of the amendment. (5) All documents filed with or presented to the board shall be retained in its files. (d) All computations of time shall be based on calendar days, except that when the last day of any computation falls on a non-working day (Saturday, Sunday and holidays), the last day shall be considered to be the first working day after the non-working day. (e) All decisions made by the board in any appeal shall be served upon the parties participating in the appeal by regular mail or personal delivery, or as otherwise mutually agreed to by the board and the parties involved. [Eff. NOV 28, 1988] (Auth: HRS §302A-620) (Imp: HRS §302A-620)