HAR §10-5-31. Contested case hearing requests

(a) Any person or agency including the commission and the department may request a contested case hearing and shall have the right and full opportunity to assert a claim provided that the claim is based on a law or rule over which the commission has jurisdiction. (b) Such complaint shall be in writing, signed by the complainant and shall contain a short and simple statement of the facts constituting the alleged violation and the name and address of the alleged violator. (c) Upon receipt of the complaint, the department shall initiate an investigation of the matters contained in the complaint. The complaint shall be presented within a reasonable time to the commission, together with investigator's report and staff recommendation and on the basis thereof the commission shall determine whether proceedings shall be initiated and the matter set for hearing. (d) It is the policy of the commission not to initiate proceedings where the matters complained of involve a private controversy redressable in the courts and where the public interest is not involved, or where it is clear on the face of the complaint that there has been no violation of the law or any rule of the commission. (e) If the commission orders the matter to be set for hearing, a notice of hearing pursuant to HRS section 91-9.5 shall be served upon the respondent. The respondent shall specifically admit or deny or explain the charges filed against him or her and set forth any other matters constituting an avoidance or affirmative defense. [Eff 7/30/81; comp 10/26/98] (Auth: HRS §91-2)(Imp: HRS §§91-9, 91-9.5) §10-5-32 5-14