HAR §8-62-15. Appearances and practices before the board

(a) Appearances before the board may be made as follows: (1) A person may appear on the person’s own behalf. (2) An employee may be represented by an employee organization. (3) An employee organization may be represented by a person or persons duly designated and authorized by the employee organization. (4) A public employer may appear on its own behalf or through a person or persons duly designated and authorized by the employer. (b) In any proceeding under these rules, a person, employee organization, or public employer may be represented by counsel or any other person to whom written or verbal authority has been given. (c) When an individual acting in a representative capacity appears in person or signs a waiver of appearance before the board, the personal appearance or signature shall constitute a representation to the board that, under the provisions of these rules and the law, that person is authorized and qualified to represent the particular person. The board may at any time require any person transacting business with the board in a representative capacity to provide proof of that person’s authority and qualification to act as a representative. (d) Limitations to appearances before the board are as follows: (1) No individual who has been associated with the board as a member, officer, employee, or counsel shall be permitted to appear before the board as a representative of any party in any proceeding or matter that the individual has handled or passed upon while associated with the board. (2) No person or agency appearing before the board in any proceeding or matter shall, in relation thereto, knowingly accept assistance from or 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 as a representative of, any party in any proceeding or matter that was pending before the board at the time of that person’s association with the board, unless that person first obtains written consent from the board. This subsection shall not apply to any individual or agency who has terminated association with the board for a period of one year. [Eff 6/11/2010] (Auth: HRS §§302A-1112, 76-14, 76-47) (Imp: §§76-14, 76-47) 　 §8-62-16 Disqualification of board member, legal counsel, or hearings officer. Any party to a hearing may file an affidavit or declaration that one or more of the board members, legal counsel, or a hearings officer has a personal bias or prejudice. The affidavit or declaration shall state the facts and reasons for the belief that bias or prejudice exists and shall be filed at least five days before the hearing, or good cause shall be shown for the failure to file it within that time. The person against whom the affidavit or declaration is so filed may answer the affidavit or declaration or may file a disqualifying certificate with the board. If the person chooses to answer the affidavit or declaration, the remaining board members where a board member is involved, shall decide by a majority of all the members to which the board is entitled whether that person shall be disqualified from proceeding therein. Any person may file with the chairperson a certificate providing that the person is unable, for any reason, to participate with impartiality in the pending hearing. Upon completion of disqualification proceedings, a hearing shall continue in accordance with section 8-62-36. [Eff 6/11/2010] (Auth: HRS §§302A-1112, 76-14, 76-47) (Imp: HRS §§76-14, 76-47)