HAR §16-181-28
HAR §16-181-28. Technical corrections; rehearing
Cite as Haw. Code R. § 16-181-28
(a) Technical corrections,
defined as corrections in computational, clerical, or typographical errors, or
other minor corrections of errors arising from oversight or omission, may be
achieved by the entry of an amended decision by the arbitrator within forty-five
days of the proper filing of the demand form with the program administrator.
Clarification of a decision may also be made in this manner.
(b)
In a binding arbitration, if the forty-five day period has passed, a
party who desires clarification or technical corrections in a decision must submit
a written request to extend the arbitrator's jurisdiction to the program
administrator within five days of receipt of the decision. The written request
should explain in detail the correction or clarification being requested. The
program administrator shall provide a copy of the written request to the
opposing party. Only if the opposing party also submits a written request to
extend the arbitrator's jurisdiction, shall the requests be forwarded to the
arbitrator.
The opposing party's written request to extend the arbitrator's
jurisdiction must be received by the program administrator within five days after
the opposing party's receipt of the copy of the original written request. Upon
receipt of both parties' written requests to extend jurisdiction, the arbitrator may
accept the reinstatement of jurisdiction. If the arbitrator's jurisdiction is
reinstated and the decision is amended, the amended decision shall be served
upon the parties by the program administrator in the manner specified in section
16-181-26(k).
(c)
In a nonbinding arbitration, if the forty-five day period has
passed, a party who desires clarification or technical corrections in a decision
must submit a written request to extend the arbitrator's jurisdiction to the
program administrator within five days of receipt of the decision. The program
administrator shall provide a copy of the written request to the opposing party.
The opposing party may submit a response if it so chooses. The original request
and any response shall be forwarded to the arbitrator. Upon receipt of the
original request and any response, the arbitrator may accept the reinstatement of
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§181-28
jurisdiction. If the arbitrator's jurisdiction is reinstated and the decision is
amended, the amended decision shall be served upon the parties by the program
administrator in the manner specified in section 16-181-26(k). [Eff 3/3/97;
comp 10/8/05] (Auth: HRS §481I-4) (Imp: HRS §481I-4)
SUBCHAPTER 8
RECORDKEEPING