HAR §11-1-21
HAR §11-1-21. General
Cite as Haw. Code R. § 11-1-21
(a) Procedures to be
followed by the department shall, unless specifically
prescribed in this chapter or by chapter 91, HRS, or
other statutory provisions, be such as in the opinion
of the department will best serve the purposes of such
hearings. Cases shall be conducted fairly and
impartially.
(b) Any procedure in a contested case may be
agreed to, modified, or waived by stipulation of the
parties, and informal disposition may be made of all or
part of any contested case by stipulation, settlement,
consent order, or default.
(c) The department may voluntarily withdraw or
dismiss a case it brings, and any other party may
voluntarily withdraw or dismiss a case upon order of
the department and upon such terms and conditions that
the department deems proper. [Eff FEB 14 2005 ]
(Auth: HRS §§91-2, 321-9) (Imp: HRS §§91-9, 321-9)
§11-1-22 Hearings; scheduling; requests and
complaints; notice. (a) The department may schedule
a contested case hearing on its own initiative or may
schedule one when required by law based upon a
complaint.
(b) A complaint may set or request a hearing and
shall contain concise statements of:
11-12
2630.
§11-1-24
(1) The legal authority under which the proceeding, hearing, or action is to be held or made;
(2) The disagreement, denial, grievance, or other matter that is being contested by the complainant;
(3) The facts and issues raised; and
(4) The relief requested.
The department may prepare and require the use of forms that may be substituted for any complaint.
(c) No hearing on a contested case shall be held until due notice is given to all parties as provided in sections 91-9 and 91-9.5, HRS.
(d) Within the time specified in the complaint, a respondent may request a contested case hearing and shall notify the department of such request in writing.
[Eff FEB 14 2005 ] (Auth: HRS §§91-2, 321-9)
(Imp: HRS §§91-2, 91-9, 91-9.5)