HAR §13-300-59. Motions

(a) All motions other than those made during a hearing shall be made in writing to the appeals panel, shall state the relief sought, and shall be accompanied by an affidavit or memorandum setting forth the grounds upon which they are based. (b) The moving party shall serve a copy of all motions on all other parties not less than five days prior to the beginning of the contested case hearing and shall file with the presiding officer the original with proof of service. (c) A memorandum in opposition or a counter affidavit shall be served on all parties not less than two days prior to the beginning of the contested case hearing. The original and proof of service shall be filed with the presiding officer. (d) Failure to serve or file a memorandum in opposition to a motion or failure to appear at the hearing shall be deemed a waiver of objection to the granting or denial of the motion. (e) Any party may make a motion during the course of the contested case hearing. Thereafter, all other parties who wish, shall be given an opportunity to argue the motion on the merits. The presiding officer shall set the limits on argument on the motion and shall decide whether to grant or deny the motion. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43.5, 91-2) (Imp: HRS §§6E-43, 91-9)