§15-16-16 General rule. All persons and
parties shall comply with these rules of practice and procedures when appearing
before the authority. Procedures to be followed by the authority,
unless specifically prescribed in this chapter or by chapters 91 and 92,
HRS, shall be such as in the opinion of the authority will best serve the
purposes of the proceeding. The authority may waive or suspend the
provisions of this chapter. [Eff 6/25/81, am and comp 9/8/86] (Auth:
HRS §§91-2, 206E-4) (Imp: HRS §§91-2, 206E-4)
§15-16-17 Appearances before the authority.
(a) Any party to any proceeding before the authority may appear
pro se or an individual may appear as an authorized representative of a
partnership, corporation, trust, or association. An officer or employee
of an agency of the state or a political subdivision may represent the
agency in any proceeding before the authority.
(b) When an individual acting in a representative capacity appears
in person or signs a paper submitted to the authority, the personal appearance
or signature of that individual shall constitute a representation to the
authority that under the provisions of this chapter and the applicable
statute, the individual is authorized and qualified to represent that particular
person or entity. The authority may at any time require any person
transacting business with the authority in a representative capacity to
authenticate such authority and qualification to act. [Eff 6/25/81,
comp 9/8/86] (Auth: HRS §§91-2, 206E-4) (Imp: HRS
§§91-2, 91-9, 206E-4)
§15-16-18 Disqualification of authority's members.
Any party to a hearing up to five days before the proceeding may file an
affidavit that one or more of the members has a personal bias or prejudice.
Every such affidavit shall state the facts and reasons for the belief that
bias or prejudice exists. The member against whom the affidavit is
filed may answer the affidavit in which case the remaining members shall
decide by a majority of all the members to which the authority is entitled
whether that member should be disqualified from the proceeding. If
the member chooses to be disqualified, the member shall file with the chairperson
a certificate requesting disqualification stating the member's inability
to decide said matter with impartiality. [Eff 6/25/81, comp 9/8/86]
(Auth: HRS §§91-2, 206E-4) (Imp: HRS §§91-2,
206E-4)
§15-16-19 Filing of papers. (a)
All requests, submittals, petitions, reports, maps, exceptions, plans,
memoranda, and other papers required to be filed with the authority pursuant
to any proceeding shall be filed with the office of the authority at Honolulu,
Hawaii, within the time limits prescribed by law, rules, or by order of
the authority. The date on which the papers are received by personal
service or by mail shall be regarded as the date of filing.
(b) All papers filed with the authority shall be:
(1) Written in black ink, typewritten, mimeographed, or printed;
(2) Plainly legible; and
(3) On strong, durable paper no larger than 8-1/2" x 14" in size,
except that maps, charts, tables, and other like documents may be larger,
folded to the size of the papers to which they are attached.
(c) Reproduction may be by any process, provided all copies are
clear and permanently legible.
(d) All papers filed by any person or agency in any proceeding
shall state on the first page the name, mailing address, and business telephone
number, if any, of the individual or individuals who may be served with
any documents filed in the proceeding.
(e) The original of each paper shall be signed in ink by the
party.
(f) All papers must be signed by the party or a representative.
The signature constitutes a verification that the paper has been read and
that to the best knowledge, information, and belief, of that person:
(1) Every statement contained therein is true;
(2) No such statement is misleading; and
(3) That it is not interposed for delay.
(g) Unless otherwise required by this chapter or the authority,
there shall be filed with the authority an original and eleven copies of
each paper. Additional copies shall be promptly provided if requested
by the executive director or chairperson. [Eff 6/25/81, comp 9/8/86]
(Auth: HRS §§91-2, 206E-4) (Imp: HRS §§91-2,
91-9, 206E-4)
§15-16-20 Amendment of papers and dismissal.
If any paper filed with the authority is not in substantial conformity
with the applicable rules of the authority, on its own motion or on motion
of any party, the authority may strike such paper or require its amendment.
If amended, the paper shall be effective as of the date of the receipt
of the amendment. [Eff 6/25/81, comp 9/8/86] (Auth: HRS §§91-2,
206E-4) (Imp: HRS §§91-2, 206E-4)
§15-16-21 Retention of papers. All papers
filed with the authority shall be retained by the authority in its files.
However, the chairperson may permit the withdrawal of original copies of
papers upon submission of properly authenticated copies to replace the
original papers. [Eff 6/25/81, comp 9/8/86] (Auth: HRS §§91-2,
206E-4) (Imp: HRS §§91-2, 206E-4)
§15-16-22 Authority decision. Copies of
published materials shall be available for public inspection in the office
of the authority or may be obtained upon request and upon the payment of
a reasonable charge, if any. [Eff 6/25/81, am and comp 9/8/86] (Auth:
HRS §§91-2, 206E-4) (Imp: HRS §§91-2, 206E-4)
§15-16-23 Continuances or extensions of time.
Whenever a person or agency is required to take action within the period
prescribed or allowed by this chapter, notice given hereunder, or by an
order, the presiding officer may:
(1) With or without notice, extend such period before the expiration
of the prescribed period; or
(2) Upon motion, permit the act to be done after the expiration
of a specified period where the failure to act is reasonably shown to be
excusable. [Eff 6/25/81, comp 9/8/86] (Auth: HRS §§91-2,
206E-4) (Imp: HRS §§91-2, 206E-4)
§15-16-24 Contested cases. Procedures
to be followed in contested cases shall, unless otherwise prescribed by
law or in these rules, comply with chapters 91 and 92, HRS. [Eff
9/8/86] (Auth: HRS §§91-2, 206E-4) (Imp: HRS §§91-2,
206E-4)
§15-16-25 (Reserved).