Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING
Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS
Section 11-271-115 - Answer to the complaint
Current through February, 2024
(a) General. Where respondent (1) contests any material fact upon which the complaint is based; (2) contends that the order proposed in the complaint is inappropriate; or (3) contends that he is entitled to judgment as a matter of law, he shall file a written answer to the complaint with the hearing officer clerk. Any such answer to the complaint must be filed with the hearing officer clerk within twenty days after service of the complaint.
(b) Contents of the answer. The answer shall clearly and directly admit, deny or explain each of the factual allegations contained in the complaint with regard to which respondent has any knowledge. Where respondent has no knowledge of a particular factual allegation and so states, the allegation is deemed denied. The answer shall also state (1) the circumstances or arguments which are alleged to constitute the grounds of defense, (2) the facts which respondent intends to place at issue, and (3) whether a hearing is requested.
(c) Request for hearing. A hearing upon the issues raised by the complaint and answer shall be held upon request of respondent in the answer, or if a request for a contested case hearing has been made in writing before the filing of the answer.
(d) Failure to admit, deny, or explain. Failure of respondent to admit, deny, or explain any material factual allegation contained in the complaint constitutes an admission of the allegation.
(e) Amendment of the answer. The respondent may amend the answer to the complaint upon motion granted by the hearing officer.
