HAR §12-42-45
HAR §12-42-45. Answer
Cite as Haw. Code R. § 12-42-45
(a) A respondent shall file a written answer to the
complaint within ten days after service of the complaint. One copy of the answer
shall be served on each party, and the original and five copies, with certificate of
service on all parties, shall be filed with the board.
(b)
If the charge is believed by a respondent to be so vague and
indefinite that the respondent cannot reasonably be required to frame an answer
thereto, such respondent may, within five days after service of the complaint, file
with the board a motion for particularization of the complaint, requesting that the
complainant file a statement supplying specific information. If the board grants
such motion, the complainant shall file with the board the original and five copies
of the requested particularization, with certificate of service on all parties, within
five days after service of the board’s granting order, unless the board directs
otherwise. If the complainant fails to timely file and serve the particularization,
the board shall dismiss the complaint. Within five days after the service of the
complainant’s particularization, the respondent shall file with the board the
original and five copies of the answer, with certificate of service on all parties,
unless the board directs otherwise.
(c)
The answer shall contain the following:
(1)
A specific admission, denial, or explanation of each allegation of
the complaint, or, if respondent is without knowledge thereof, such
respondent shall so state and such statement shall constitute a
denial. Admissions or denials may be made to all or part of the
allegation, but shall fairly meet the substance of the allegation.
(2)
A specific detailed statement of any affirmative defense.
(3)
A clear and concise statement of the facts and matters of law relied
upon constituting the grounds of defense.
(d)
In extraordinary circumstances as determined by the board, the
board may extend the time within which the answer shall be filed.
(e)
All allegations of new matters in the answer shall be deemed
denied without the necessity of a reply.
(f)
The board may permit the respondent to amend the answer for
good cause shown at any time before or during the hearing.
(g)
If the respondent fails to file an answer, such failure shall consti-
tute an admission of the material facts alleged in the complaint and a waiver of
hearing. [Eff. Feb. 6, 1981] (Auth: HRS §89-5) (Imp: HRS §§89-13, 89-14)
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