LIRAB Rules of Practice and Procedure

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HAWAII 	ADMINISTRATIVE 	RULES
TITLE 	12
DEPARTMENT 	OF 	LABOR 	AND 	INDUSTRIAL 	RELATIONS
SUBTITLE 	7
BOARDS
CHAPTER 	47
LABOR 	AND 	INDUSTRIAL 	RELATIONS 	APPEALS 	BOARD
RULES 	OF 	PRACTICE 	AND 	PROCEDURE
Subchapter 	1 	General 	Provisions
§12-47-1 	Purpose 	and 	short 	title
§12-47-2 	Definitions
§12-47-3 	The 	board
§§12-47-4 	to 	12-47-9 [Reserved]
Subchapter 	2 	General 	Requirements 	in 	Proceedings
Before 	the 	Board
§12-47-10 	Appearance 	and 	practice 	before 	the 	board
§12-47-11 	Standards 	of 	conduct
§12-47-12 	Time 	for 	filing 	documents
§12-47-13 	Format 	for 	pleadings 	and 	other 	documents
§12-47-14 	Custody 	of 	records
§12-47-15 	Retention 	of 	documents 	by 	the 	board
§12-47-16 	Copies
§12-47-17 	Defective 	documents
§12-47-18 	Service 	of 	process
§12-47-19 	Computation 	of 	time
Subchapter 	3 	Pre-Trial 	Procedures
§12-47-20 	Limitation 	of 	issues 	on 	appeal
§12-47-21 	Initial 	conference
§12-47-22 	Pretrial 	order
§12-47-23 	Dismissal 	for 	non-appearance
§12-47-24 	Remand 	for 	director's 	determination 	of
certain 	issues
§12-47-25 	Substitution 	of 	parties

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§12-47-26 Joinder of parties
§12-47-27 Consolidation or separation
§12-47-28 Discontinuance of appeal
§12-47-29 [Reserved]
Subchapter 4 Discovery, Subpoenas, and Motions
§12-47-30 Request for subpoenas
§12-47-31 Depositions and discovery
§12-47-32 Motions, generally
§12-47-33 Motion to dismiss
§12-47-34 Motion for stay of director's decision and order
§12-47-35 Enlargement
§§12-47-36 to 12-47-39 [Reserved]
Subchapter 5 Procedures at Trial/Hearing
§12-47-40 Order of presentation
§12-47-41 Rules of evidence
§12-47-42 Conduct of hearing and evidence
§12-47-43 Cross examination
§12-47-44 Limiting number of witnesses
§12-47-45 Waiver of procedures, informal
disposition
§12-47-46 Rulings on evidentiary matters
§12-47-47 Official notice of facts
§12-47-48 Sanctions for contemptuous conduct
§12-47-49 [Reserved]
Subchapter 6 Post-Trial Matters
§12-47-50 Briefs
§12-47-51 Service of decisions and orders
§12-47-52 Effective date
§12-47-53 Reconsideration or reopening of decision
or order
§12-47-54 Correction of records
§12-47-55 Approval of attorney's fees
§12-47-56 Record on appeal from board decisions
§§12-47-57 to 12-47-59 [Reserved]
Subchapter 7 Procedure in Adoption, Amendment,
or Repeal of Rules

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§12-47-60 Adoption, amendment, or repeal of rules
§12-47-61 Conduct of public hearing on proposed
rulemaking
Historical note: This chapter is based substantially upon
chapter 12-43, Hawaii Administrative Rules. [Eff. Nov. 5, 1981; R
]
SUBCHAPTER 1
GENERAL PROVISIONS
§12-47-1 Purpose and short title. These rules govern the
practice and procedure before the labor and industrial relations
appeals board. They shall be construed to secure the just, speedy,
and inexpensive determination of every proceeding. These rules may
be cited as "LAB Rules". [Eff ] (Auth: HRS §371-4)
(Imp: HRS §371-4)
§12-47-2 Definitions. As used in this chapter, except as
otherwise required by context:
"Board" means the labor and industrial relations appeals board.
"Chairperson" means the chair of the board.
"Chief clerk" means the individual designated to receive,
record, and preserve the records of the board.
"Claimant" means a person who files a claim for benefits under
chapter 386, HRS.
"Complainant" means a person filing a complaint under any
statute granting jurisdiction to the board.
"Contested case" shall be as defined in section 91-1(5), HRS.
"Director" means the director of labor and industrial
relations.
"HRS" means the Hawaii Revised Statutes.
"Intervenor" means a person who moves to intervene in a
contested case and is admitted as a party.
"Member" means a member of the board.
"Movant" means a party that applies for a ruling or an order
from the board.
"Party" shall be as defined in section 91-1(3), HRS, and any
other person whose name appears in the title of the case.
"Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,

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partnership, association, or any other legal entity.
"Petitioner" means a person who files an application seeking
permission or authorization which the board may grant under statutory
or other authority delegated to it.
"Presiding member" means any member who presides at a board
hearing in the chairperson's absence. Unless otherwise designated,
the chairperson is the presiding member.
"Proceeding" means any matter brought before the board or
initiated by the board which it has jurisdiction to entertain and
dispose of.
"Respondent" means a person against whom a complaint is filed,
under any statute granting jurisdiction to the board, or to whom an
order or notice is issued by the board instituting a proceeding.
"Trial" shall have the same meaning as the term agency hearing,
which term is defined in section 91-1(6), HRS.
Words importing the singular may extend and be applied to
several persons or things, and words importing the plural may include
the singular. [Eff ] (Auth: HRS §371-4) (Imp: HRS §371-
4)
§12-47-3 The board. (a) The office of the board is at 888
Mililani Street, Suite 400, Honolulu, Hawaii 96813. All
communications to the board shall be sent to this address unless
otherwise directed.
(b) The regular hours of the board shall be from 7:45 a.m. to
4:30 p.m. daily, except Saturdays, Sundays, and legal holidays,
unless otherwise provided by statute or executive order.
(c) Decisions and orders of the board shall be signed by at
least two members. Other board actions, including notices,
subpoenas, and ministerial matters, may be issued under the
signature of the chairperson, member, or chief clerk.
(d) All meetings of the board shall be open to the public
except that the board may conduct its adjudicatory function and meet
in executive session from which the public may be excluded. [Eff
] (Auth: HRS §371-4) (Imp: HRS §§80-1, 92-3, 92-4, 92-6,
92-16, 371-4)
§§12-47-4 to 12-47-9 [Reserved]
SUBCHAPTER 2
GENERAL REQUIREMENTS IN PROCEEDINGS
BEFORE THE BOARD

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§12-47-10 Appearance and practice before the board. (a) An
individual may appear in his or her own behalf; a partner may
represent the partnership; a bona fide officer of a corporation,
trust, or association may represent the corporation, trust, or
association; and an officer or employee of the State or a political
subdivision of the State may represent the agency in any proceeding
before the board.
(b) A person may be represented by an attorney or other duly
appointed representative, including, but not limited to, insurance
representatives and union representatives in any proceeding under
this chapter. [Eff ] (Auth: HRS §371-4) (Imp: HRS
§371-4)
§12-47-11 Standards of conduct. (a) Any person who signs a
pleading, brief, or document, enters an appearance at a proceeding,
or transacts business with the board, by that act represents the
following:
(1) That the person is lawfully authorized to so act;
(2) That the person shall comply with the laws of this State,
and the rules of this board; and
(3) That the person shall maintain the respect due the board
and shall not deceive or knowingly present any false
statements of fact or law to the board.
(b) The board may at any time require any person appearing
before the board in a representative capacity to furnish written
authorization to act in that capacity. [Eff ] (Auth:
HRS §371-4) (Imp: HRS §371-4)
§12-47-12 Time for filing documents. All pleadings, briefs,
and other documents required to be filed shall be filed with the
board during the regular hours of the board. The file stamped date
on the document shall be regarded as the date of filing. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-13 Format for pleadings and other documents. (a)
Pleadings, briefs, and other documents shall be typewritten upon
paper 8-1/2 x 11 inches in size. Tables, maps, charts, exhibits, or
appendices may be larger but shall be folded to that size where
practical. The impression shall be double spaced, except that
footnotes and quotations in excess of a few lines may be single
spaced. Reproduction may be by any process which makes clear and
permanently legible copies. A facsimile shall not be allowed as a
substitute for an original, where an original document is required.

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(b) Pleadings, briefs, and other documents shall show the
title of the case, the docket number, the nature of the document, and
the name, address, and telephone number of the person or attorney
filing the document.
(c) The original of each document, including appeals,
complaints, answers, motions, notices, briefs, and amendments shall
be signed and dated in black ink by each party or its authorized
representative. Any handwritten entries on documents shall also be
in black ink and signed to acknowledge responsibility. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-14 Custody of records. The chief clerk or
designee shall have custody of the board's official records of cases
on appeal and shall be responsible for the maintenance and custody of
the docket files, including, but not limited to, transcripts,
exhibits, decisions, orders, rules, and approved forms. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-15 Retention of documents by the board. During the
pendency of the appeal, all documents filed with or presented to the
board shall be retained in the files of the board. The board may,
however, permit the withdrawal of original documents upon submission
of properly authenticated copies to replace the documents. [Eff
] (Auth: HRS §371-4) (Imp: HRS §§91-12, 371-4)
§12-47-16 Copies. Unless otherwise required, each party shall
file with the board an original and one copy of a notice of appeal,
and an original of each complaint, or other pleading and any
amendment to an appeal, complaint, or other pleading. The
chairperson may require that additional copies be provided or
additional persons be served. [Eff ] (Auth: HRS §371-
4) (Imp: HRS §371-4)
§12-47-17 Defective documents. Any document filed with the
board, which is not in compliance with applicable rules, orders, or
statutes may be accepted by the chief clerk or designee and filed.
The mere fact of filing, however, shall not waive any failure to
comply with this chapter or any other legal requirement. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-18 Service of process. (a) The chief clerk or
designee shall serve all decisions, orders, notices, and other
documents issued by the board, together with any other documents that

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the board is required by law to serve. Upon request, the chief clerk
or designee may effect service by placing a copy of the document in
the attorney's jacket at the board if the party is represented by an
attorney. All other documents shall be served by the party who files
such document.
(b) Any person filing documents shall serve a copy upon each
party or its duly appointed representative and shall attach a
certificate of service on the filed original. Any representative
entering an appearance after the commencement of a proceeding shall
notify all other duly appointed representatives then of record and
all parties not represented of that fact.
(c) Documents shall be served personally or, unless otherwise
provided by law, by first class mail.
(d) Service upon a party shall be deemed complete upon the
occurrence of at least one of the following:
(1) The party or its duly appointed representative is
personally served;
(2) The document is delivered to the party's home or its duly
appointed representative's office and left with a person
of suitable age and discretion; or
(3) The document is properly stamped, addressed, and mailed to
the last known address of the party on file with the board
or to its duly appointed representative. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-19 Computation of time. In computing any period of
time specified under this chapter, in a notice, or in any order of
the board, the time begins with the day following the act, event, or
default and includes the last day of the period so computed, unless
it is a Saturday, Sunday, or holiday; in which event the period runs
until the end of the next day which is not a Saturday, Sunday or
holiday. As used in this chapter, "holiday" includes any day
designated as such by section 8-1, HRS. [Eff ] (Auth:
HRS §371-4) (Imp: HRS §371-4)
SUBCHAPTER 3
PRE-TRIAL PROCEDURES
§12-47-20 Limitation of issues on appeal. The board may
decline to hear and determine any issue which the director in the
decision on appeal did not decide or left for future determination.
[Eff ] (Auth: HRS §371-4) (Imp: HRS §371-4)

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§12-47-21 Initial conference. (a) Upon docketing an appeal,
the board may convene an initial conference to consider:
(1) The simplification of issues;
(2) The necessity or desirability of amendments to pleadings;
(3) The possibility of obtaining stipulations of fact and
documents to avoid unnecessary proof;
(4) Limiting the number of witnesses and disclosing the names
of witnesses to be called;
(5) The position of each party, including the basic facts it
intends to prove;
(6) Marking of exhibits for identification; and
(7) Other matters which may aid the efficient disposition of
the proceeding.
(b) Initial conference statements shall be filed by the
parties no later than three business days before the scheduled
initial conference covering those areas identified in the notice of
initial conference. Additional conferences may be scheduled at the
board's discretion. [Eff ] (Auth: HRS §371-4) (Imp:
HRS §371-4)
§12-47-22 Pretrial order. (a) When an initial conference is
held, the board may enter a pretrial order which recites the action
taken at the conference, including:
(1) The agreements made by the parties as to any of the
matters considered;
(2) The issues for hearing not otherwise disposed of by
stipulation or agreement of the parties; and
(3) The discovery deadlines.
(b) When the pretrial order establishes discovery deadlines,
the specified deadline means as follows:
(1) Unnamed witness means identification of the name and
address of an individual not previously identified in the
party's pretrial statement.
(2) Live witness means identification of individuals
previously identified in the party's pretrial statement or
unnamed witness statement, and who the party, in good
faith, intends to have testify at trial. An individual
not identified in the party's live witness statement shall
not be allowed to testify at trial.
(3) Medical report deadline means the date that all medical
reports or records shall be filed at the board.
(4) Discovery deadline means the date that all non-medical
documents or records shall be filed at the board, except

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that the transcript of an oral deposition of any
individual conducted before such deadline may be filed
after such deadline.
(c) The pretrial order shall control the subsequent course of
the appeal, unless modified by the board at the trial or prior
thereto to prevent manifest injustice. The pretrial order shall
supersede the pleadings where there is any conflict and shall
supplement the pleadings in all other respects.
(d) The board may impose administrative sanctions as described
in section 12-47-48 for noncompliance with the board's order. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-23 Dismissal for non-appearance. Where it appears that
the appellant or complainant was served with a notice of hearing or
initial or settlement conference but fails to appear at such hearing
or conference, either in person, by attorney, or duly appointed
representative, the board may, after service of notice of intention
to dismiss, dismiss the appeal or may proceed and make a decision as
is just and proper. [Eff ] (Auth: HRS §371-4) (Imp:
HRS §371-4)
§12-47-24 Remand for director's determination of certain
issues. (a) The board may issue an order remanding any proceeding:
(1) For determination of an issue not decided by the director;
or
(2) For such other action by the director as may serve the
interests of the just, speedy, and inexpensive
determination of the appeal.
(b) The order of remand shall specify the issue or issues for
determination or other action to be taken.
(c) Following the director's decision on remand, the director
shall transmit the case file to the board, and upon such transmittal,
the board shall proceed to hear and determine the issues raised in
the original appeal. Should any party desire to appeal issues
addressed by the director's decision on remand, it shall be necessary
for such party to file an appeal within twenty days after a copy of
the decision on the remanded issue has been sent to the parties.
[Eff ] (Auth: HRS §371-4) (Imp: HRS §§371-4, 386-87)
§12-47-25 Substitution of parties. Upon motion and for good
cause shown, the board may order substitution of parties, except that
in the case of a party's death, substitution may be ordered without
filing a motion. [Eff ] (Auth: HRS §371-4) (Imp: HRS

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§371-4)
§12-47-26 Joinder of parties. (a) The board may order the
joinder of additional parties necessary for the full adjudication of
the case. Motions to join additional parties shall be made within
sixty days following the initial conference on the appeal. The board
may permit joinder of additional parties beyond this period upon a
showing of good cause.
(b) Upon the filing of the order of joinder, the board shall
schedule another conference to clarify the issues on appeal and may,
at that time, modify the discovery deadlines and hearing date.
(c) When written notice has been given to a party pursuant to
section 12-10-74, Hawaii Administrative Rules, and that party has
been afforded a reasonable opportunity to participate in the
proceedings before the director, that party shall be deemed a party
to the appeal and there shall be no necessity to file a motion to
join that party in the proceeding before the board.
(d) When the special compensation fund is a captioned party in
the director's decision, the special compensation fund shall be
deemed a party to the appeal and there shall be no necessity to file
a motion to join the special compensation fund in the proceeding
before the board. [Eff ] (Auth: HRS §371-4) (Imp:
HRS §371-4)
§12-47-27 Consolidation or separation. The board, upon its
own initiative or upon motion, may consolidate for hearing two or
more proceedings that involve the same parties or related questions
of fact or law or may separate matters in issue for hearing in two or
more separate proceedings, if it finds that consolidation or
separation will be conducive to the just, speedy, and inexpensive
determination of the proceedings. [Eff ] (Auth: HRS
§371-4) (Imp: HRS §371-4)
§12-47-28 Discontinuance of appeal. An appeal pending before
the board may be withdrawn or discontinued only upon approval by the
board. [Eff ] (Auth: HRS §371-4) (Imp: HRS
§371-4)
§12-47-29 [Reserved]
SUBCHAPTER 4

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DISCOVERY, SUBPOENAS, AND MOTIONS
§12-47-30 Request for subpoenas. (a) Any party may request
the issuance of a subpoena requiring the attendance of a witness to
testify before the board or for the taking of depositions.
(b) Any party may request the issuance of a subpoena duces
tecum for the production of documents or records. The request must:
(1) Be in writing; and
(2) Specify the particular document or record, or portion of
document or record sought.
(c) Only parties may request the issuance of a subpoena.
(d) Any board member may issue a subpoena. The board may
decline to issue a subpoena when fairness and equity so dictate.
(e) The party requesting a subpoena shall pay to the witness
the same fees and mileage as are paid witnesses in circuit courts of
the State of Hawaii.
(f) Witnesses shall be placed under oath or affirmation prior
to testifying. [Eff ] (Auth: HRS §371-4) (Imp: HRS
§§92-16, 371-4, 371-6)
§12-47-31 Depositions and discovery. After the filing of the
notice of appeal any party may proceed to obtain discovery by
deposition upon oral examination, written interrogatories, or request
for production of documents in the manner and effect prescribed by
the Hawaii Rules of Civil Procedure; provided that to protect a party
or person from undue burden or expense or for other good cause, the
board may on motion by any party or on its own motion, order that the
discovery not be taken or be taken upon such terms and conditions as
the board may specify. The board may upon written application and
for good cause shown, compel discovery, order that discovery be made
by any other means prescribed by the Hawaii Rules of Civil Procedure,
and impose sanctions as provided by the Hawaii Rules of Civil
Procedure or section 12-47-48, or both, as it deems appropriate, for
the failure of any party or person to allow discovery. [Eff
] (Auth: HRS §387-4) (Imp: HRS §371-4)
§12-47-32 Motions, generally. (a) Form. All motions, except
when made during a trial, shall be in writing, state the grounds for
the motion, set forth the relief or order sought, and be accompanied
by a memorandum in support of the motion. If the motion requires
consideration of facts not appearing in the record, it shall be
supported by an affidavit. Every motion shall indicate whether a
hearing is requested on the motion and shall be accompanied by a

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notice of hearing. Motions shall be served in accordance with
section 12-47-18.
(b) Responsive memoranda. An opposing party may serve and
file counter affidavits and a written statement of reasons in
opposition to the motion and of the authorities relied upon not later
than five business days before the date of the hearing. If the
hearing on the motion is scheduled within five business days after
the motion is filed, then such response shall be served and filed at
least one business day before the time set for hearing.
(c) Required notice; effect of failure to appear. A party who
does not oppose a motion or who intends to support a motion or who
desires a continuance shall notify the board and the opposing parties
within five business days before the date of the hearing. If the
hearing on the motion is scheduled within five business days after
the motion is filed, the board shall be notified within one business
day before the time set for hearing. Failure to appear at the
hearing may be deemed a waiver of objections to the granting of the
motion.
(d) If a hearing on the motion is not requested,
the board may decide the matter upon the pleadings, memoranda, and
other documents filed. [Eff ] (Auth: HRS §371-4) (Imp:
HRS §371-4)
§12-47-33 Motion to dismiss. A motion to dismiss any appeal
or complaint made before a hearing on the merits of the case shall
not be heard until five business days after the motion has been
served. [Eff ] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-34 Motion for stay of director's decision and order. A
motion for stay of the director's decision and order, in whole or in
part, shall be filed no later than ten calendar days after an appeal
has been taken. Upon good cause shown, the board may permit the
filing of a motion for stay beyond this period. Failure to file the
motion within the designated period may constitute grounds to deny
the motion. [Eff ] (Auth: HRS §371-4) (Imp: HRS
§§371-4, 386-91)
§12-47-35 Enlargement. (a) When any act is required or
allowed to be done at or within a specified time, the board for good
cause shown may at any time:
(1) Upon written request made before the expiration of the
period prescribed, order the period enlarged; or
(2) Upon motion made after the expiration of the specified

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period, permit the act to be done where the failure to act
was the result of excusable neglect; but it may not extend
the time for taking any action on jurisdictional matters
or where any order expressly provides that no enlargement
shall be granted.
(b) Motions for extensions of time and requests or
stipulations for continuances must be in writing, except when made at
hearing. Ordinarily, when a matter is to be submitted on concurrent
briefs, extensions shall not be granted unless a stipulation by all
parties is filed with the board. [Eff ] (Auth: HRS
§371-4) (Imp: HRS §371-4)
§§12-47-36 to 12-47-39 [Reserved]
SUBCHAPTER 5
PROCEDURES AT TRIAL/HEARING
§12-47-40 Order of presentation. (a) In all hearings before
the board, the appellant, complainant, or movant shall open and
close, unless the presiding member directs otherwise. Appellees,
intervenors, and respondents shall be heard in the order the
presiding member directs.
(b) The order of presentation shall not alter the burden of
proof, including the burden of producing evidence and the burden of
persuasion. The party or parties who must bear these burdens shall
be determined by law. [Eff ] (Auth: HRS §371-4) (Imp:
HRS §371-4)
§12-47-41 Rules of evidence. The board shall not be bound by
statutory and common law rules relating to the admission or rejection
of evidence. The board may exercise its own discretion in these
matters, limited only by considerations of relevancy, materiality,
and repetition, by the rules of privilege recognized by law, and with
a view to securing a just, speedy, and inexpensive determination of
the proceedings. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-42 Conduct of hearing and evidence. (a) Testimony
shall be taken on oath or affirmation.
(b) Each party shall have the right to call and examine
parties and witnesses, to introduce evidence, to question opposing
witnesses and parties on any matter relevant to the issues even

Page 14
though that matter was not covered in direct examination, to impeach
any witness regardless which party first called the witness to
testify, and to offer rebuttal evidence.
(c) Any member may question any party or witness.
(d) The admission of evidence in a hearing shall be controlled
by the presiding member in a manner in which the presiding member
considers best suited to ascertain the just, speedy, and inexpensive
determination of the proceedings. [Eff ] (Auth: HRS
§371-4) (Imp: HRS §§91-9, 91-10, 371-4)
§12-47-43 Cross examination. Each party has the right to
conduct such cross-examination of any party's witnesses as may be
required for a full and true disclosure of the facts and has the
right to submit rebuttal evidence. [Eff ] (Auth: HRS
§371-4) (Imp: HRS §§91-10, 371-4)
§12-47-44 Limiting number of witnesses. To avoid unnecessary
or unduly repetitious evidence, the presiding member may limit the
number of witnesses or the time for testimony upon a particular
issue. [Eff ] (Auth: HRS §371-4) (Imp: HRS §§91-
10, 371-4)
§12-47-45 Waiver of procedures, informal disposition. With
the approval of the board, any procedure in a contested case may be
modified or waived by stipulation of the parties, and informal
disposition may be made of any contested case by stipulation, agreed
settlement, consent order, or default. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-46 Rulings on evidentiary matters. (a) The presiding
member shall rule on the admissibility of evidence and on any oral
motions made in the course of trial. The presiding member may issue
a ruling after taking the matter under advisement.
(b) When objections are made to the admission or exclusion of
evidence, the ground relied upon may be stated briefly. Formal
exceptions to rulings are unnecessary and need not be taken.
(c) An offer of proof for the record shall consist of a
statement of the substance of the evidence to which an objection had
been sustained. [Eff ] (Auth: HRS §371-4)
(Imp: HRS §371-4)
§12-47-47 Official notice of facts. The board may take
official notice of those matters as may be judicially noticed by the

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courts of the State. It may also take official notice of generally
recognized technical or scientific facts within its specialized
knowledge, upon notice to all parties before or during trial. Any
party shall have an opportunity to contest the facts so noticed,
within the time specified by the presiding member. [Eff ]
(Auth: HRS §371-4) (Imp: HRS §§91-10, 371-4)
§12-47-48 Sanctions for contemptuous conduct. (a) Any person
whose conduct at any proceeding before the board or before a member
is deemed contemptuous by the presiding member, or who has refused to
comply with an order of the board, has refused to adhere to
reasonable standards of orderly and ethical conduct, has failed to
act in good faith, or has engaged in the continued use of dilatory
tactics, may be excluded from the proceeding. The board may impose
other sanctions, including dismissal of the appeal.
(b) If a witness refuses to answer any question which has been
ruled to be proper, the presiding member may strike all testimony
previously given by the witness on related matters. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-49 [Reserved]
SUBCHAPTER 6
POST-TRIAL MATTERS
§12-47-50 Briefs. The presiding member may require briefs to
be submitted and may fix the time for filing briefs. Exhibits may be
reproduced in an appendix to a brief. A brief of more than twenty
pages shall contain a table of contents. [Eff ] (Auth:
HRS §371-4) (Imp: HRS §371-4)
§12-47-51 Service of decisions and orders. The chief clerk or
designee shall serve a certified copy of the decision or order of the
board on the parties, duly appointed representatives, or their
attorneys in accordance with section 12-47-18 as applicable. [Eff
] (Auth: HRS §371-4) (Imp: HRS §§386-87, 386-88)
§12-47-52 Effective date. The effective date of the decision
or order is the date it is filed by the chief clerk or designee.
[Eff ] (Auth: HRS §371-4) (Imp: HRS §371-4)
§12-47-53 Reconsideration or reopening of decision or order.

Page 16
(a) In the absence of an appeal and within thirty days after mailing
of a copy of the board's decision or order, the board may, upon the
request of any party, or upon its own motion, reconsider or reopen
the matter. If reopening is allowed, the board may take further
evidence or may modify its decision or order. The time to initiate
judicial review shall run from the date of mailing of the further
decision if the matter has been reconsidered or reopened. If the
request for reconsideration or reopening is denied, the time to
initiate judicial review shall run from the date of mailing the
denial decision.
(b) The request for reconsideration or reopening shall be in
writing and shall be served upon all parties. The request shall
specify the reasons why reconsideration or reopening is warranted.
(c) A hearing on the request for reconsideration or reopening
may be held at the board's discretion. [Eff ] (Auth:
HRS §371-4) (Imp: HRS §§371-4, 386-87)
§12-47-54 Correction of records. Clerical mistakes in
decisions, orders, or other parts of the record and errors therein
arising from oversight or omission may be corrected by the board at
any time of its own initiative or upon the application of any party.
During the pendency of a judicial appeal, the mistakes may be so
corrected before the appeal is docketed in the appellate court, and
thereafter while the appeal is pending, may be so corrected with
leave of the appellate court. [Eff ] (Auth: HRS §371-
4) (Imp: HRS §§91-14, 371-4)
§12-47-55 Approval of attorney's fees. Within ten calendar
days following the filing of a final decision and order, or upon the
filing of a stipulation and settlement agreement with respect to an
appeal compromised pursuant to section 386-78, HRS, attorneys seeking
approval of fees pursuant to section 386-94, HRS, shall file with the
board a request for approval of attorney's fees setting forth the
various activities performed together with the time expended by the
attorney in each activity. The request shall be served on those
parties against whom the fees are to be assessed. Any party
objecting to approval of a request may file a written objection
thereto no later than ten calendar days following service. No
request for approval of attorney's fees or agreement to pay
attorney's fees shall be valid until approved by the board. [Eff
] (Auth: HRS §371-4) (Imp: HRS §§371-4, 386-94)
§12-47-56 Record on appeal from board decisions. (a) The

Page 17
original papers and exhibits filed with the board, the transcript of
any proceedings requested, and the indexes prepared by the chief
clerk of the board shall constitute the record on appeal.
(b) Within ten days after filing the notice of appeal the
appellant shall order from a certified court reporter, a transcript
of the board's audio tape recording of the proceedings which are not
already on file. The order shall be in writing and within the same
ten-day period, a copy of the order for transcript shall be filed
with the chief clerk of the board who shall forward the board's audio
tape recording of the proceedings to the designated certified court
reporter. If no transcript is to be ordered, within the same period,
the appellant shall file a certificate to that effect.
(c) Any appellee may, within the following ten days, either
order the transcript or move the board for an order requiring the
appellant to do so.
(d) The court reporter shall file with the board the
transcript of the proceedings within thirty-five days after the
filing of the notice of appeal. If the court reporter is unable to
complete the transcription within that period, the court reporter may
request in writing a continuance of the filing for up to an
additional fifty days.
(e) At the time of ordering, a party shall make satisfactory
arrangements with the court reporter for payment of the cost of the
transcript. [Eff ] (Auth: HRS §§91-2, 371-4) (Imp: §§91-
14, 386-88)
§§12-47-57 to 12-47-59 [Reserved]
SUBCHAPTER 7
PROCEDURE IN ADOPTION, AMENDMENT, OR REPEAL OF RULES
§12-47-60 Adoption, amendment, or repeal of rules. (a) Any
interested person or any agency of the state or county government may
petition the board for the adoption, amendment, or repeal of any
rule.
(b) The petition shall set forth the text of any proposed rule
or amendment desired or specify the rule the repeal of which is
desired and state concisely the nature of the petitioner's interest
in the subject matter and the petitioner's reasons for seeking the
adoption, amendment, or repeal of the rule and shall include any
facts, views, arguments, and data deemed relevant by the petitioner.
The board may also require the petitioner to serve other persons or

Page 18
governmental agencies known to be interested in the proposed
rulemaking. No request for the adoption, amendment, or repeal of a
rule which does not conform to the requirements set forth in this
section will be considered by the board.
(c) Petitions for rulemaking will be given docket numbers and
will become matters of public record upon filing. The board, within
thirty days following the filing of the petition, shall either deny
the petition in writing or initiate proceedings for the adoption,
amendment, or repeal of the rule as provided by law.
(d) No public hearing, oral arguments, or other form of
proceedings will be held directly on any petition unless the board
determines that a petition discloses sufficient reasons in support of
the relief requested to justify a public hearing. Where the board
determines that the petition does not disclose sufficient reasons to
justify the institution of public rulemaking procedures, or where the
petition for rulemaking fails in any material respect to comply with
the requirements of this subchapter, the petitioner shall be so
notified together with the grounds for denial. The provisions of
this section shall not operate to prevent the board on its own motion
from acting on any matter disclosed in any petition. [Eff
] (Auth: HRS §371-4) (Imp: HRS §§91-6, 371-4)
§12-47-61 Conduct of public hearing on proposed rulemaking.
(a) Each public hearing on the proposed adoption, amendment, or
repeal of any rule shall be conducted in such a way to afford to
interested persons a reasonable opportunity to be heard on matters
relevant to the issues involved so as to obtain a clear and orderly
record. The presiding member shall have authority to administer
oaths or affirmations and to take all other actions necessary to the
orderly conduct of the hearing.
(b) The hearing shall be held at the time and place set in the
notice of hearing, but may be continued by the board from day to day
or adjourned to a later date or to a different place without notice
other than the announcement thereof at the hearing.
(c) At the commencement of the hearing, the presiding member
shall outline briefly the procedure to be followed. Testimony shall
then be received with respect to the matters specified in the notice
of hearing in such order as the presiding member shall prescribe.
(d) All interested persons shall be given reasonable
opportunity to offer testimony with respect to the matters specified
in the notice of hearing. All witnesses shall, before proceeding to
testify, state their name, address, whom they represent at the

Page 19
hearing, and shall give such other information regarding their
appearance as the board may request. The board shall confine the
testimony to questions before the hearing. All witnesses shall be
subject to questioning by the board or by any other authorized
representative, but cross-examination by private persons shall not be
permitted unless the presiding member expressly permits it.
(e) All interested persons or agencies of the State or
political subdivision of the State may submit in writing to the
board, either prior to or at the hearing, any data, views, or
arguments which are relevant to the issue. At the discretion of the
board, additional written comments or recommendations may be filed
within a period set by the board.
(f) Unless otherwise specifically ordered by the board,
testimony given at the hearing shall not be reported verbatim. All
supporting written statements, maps, charts, tabulations, or similar
data offered at the hearing, and which are deemed by the board to be
authentic and relevant, shall be received and made a part of the
record. Unless the presiding member finds that the furnishing of
copies is impractical, four copies of the exhibits shall be
submitted. [Eff ] (Auth: HRS §371-4) (Imp:
HRS §§91-3, 371-4, 371-6)