HAR §12-43-5. business is deemed filed on the next date or time the board is open for business

(4) If an electronic filing or an electronic service of a document does not occur because of the EFS' failure to process the document, inaccessibility to the EFS, or an EFS error and it was not due to the user's fault, the board may extend any deadline. (5) An employer, exclusive representative, or labor organization who is a party to a case before the board may be permitted access to their case file by the board upon request. (d) Exemption from electronic filing. A self-represented litigant (SRL) may file a signed written request with the board for an exemption from subsection (c) stating the reasons for the request. The signed request shall automatically be granted. The SRL shall agree to file all documents by first class mail or hand-delivery at the board's office and serve all documents to the other parties in the case by first class mail or hand-delivery at the party's last known address. (1) All documents submitted to the board for filing under this subsection must contain the SRL's original handwritten signature in black ink. (2) Upon receiving a document, the board shall affix a date and time on the document, signifying when the document was filed, which will be deemed as the original filing date. The filed document will be uploaded by the board to the EFS. The original filed document will be discarded. Any date and time affixed by the EFS will not change the original filing date. (e) Board documents. The board may electronically serve board-issued documents upon parties, counsel, or representatives who are users. If an SRL is not a user, the board shall serve such party by mail or hand-delivery at the party's last known address, unless otherwise required by law. 43-15 3489 §12-43-5 (1) Unless otherwise required by law, the board shall give written notice of any hearing by first class mail or by electronic service through the EFS at least fifteen days before the scheduled date of the hearing. (2) If electronically filed, all documents issued by the board may be signed using electronic signatures by a board member, hearings officer, executive officer, or staff member. [Eff OCT 21 2022] (Auth: HRS §§89-5, 89-5.1, 377-11, 396-11.5) (Imp: HRS §§89-5, 89-5.1, 89-14, 377-9, 396-11.5) ###