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Hawaii Regulations § 3-161-14 Motions

⤴ Up to Subchapter 1: General Provisions

Regulation Text

(a) An application for any relief or order shall be by motion which, unless made during a hearing, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
(b) Motions referring to facts not of record shall be supported by an affidavit or declaration and exhibits, if appropriate, and if involving a question of law shall be accompanied by a memorandum in support.
(c) If a hearing is held on the motion, the party filing the motion shall serve a copy of the motion and notice of hearing on the motion upon all parties not later than seventy-two hours before the hearing and the opposing party shall file and serve any counter affidavits or declarations and memorandum in opposition not less than twenty-four hours before the hearing.
(d) Motions shall be filed with the commission except that after a petition has been transferred to a hearings officer, all motions shall be filed with and decided by the hearings officer.
(e) Failure to comply with the requirements of this section may be the basis for denial of any motion.
(f) The decision on the motion may be made orally at the time of the hearing on the motion, or in writing, or as part of the commission's decision or the hearings officer's recommended decision.

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-3 , 91-8 , 91-9 , 92-16 , 11-193, 11-216, 11-225, 11-228, 11-229)

[ Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS §§ 11-314 (7) , 11-407 , 11-408 , 11-409 , 11-410 )

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