Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD
Subchapter 1 - GENERAL PROVISIONS
Section 12-43-5 - Filing and service of documents

Universal Citation: HI Admin Rules 12-43-5

Current through August, 2024

(a) All documents submitted to be filed with the board for a case are subject to the following requirements.

(b) General provisions applicable to all parties.

(1) Form of documents.
(A) All documents filed with the board shall be legible when printed on letter-size or A4 paper measuring eight and one-half inches by eleven inches in size, with twenty-pound weight or higher, written in ink or typewritten, one and one-half spaced between the lines, in twelve-point type or equivalent type size using Times New Roman or Courier or equivalent font, except that any document or exhibit on paper larger than letter-size shall be resized to fit on a letter-size paper. Any document or exhibit that cannot be resized or any video or audio recording shall be filed pursuant to the board's directions.

(B) The first page of every pleading shall set forth the name, current mailing address, email address, and telephone number of the party or party's representative who may be served with any document filed in the proceeding, the title of the pleading, the case number, and the name of the proceeding. All declarations shall conform to this section.

(2) Declaration. A declaration shall accompany all complaints or petitions in writing, signed by the declarant with an electronic or handwritten signature, certified by the declarant that the declaration was signed under penalty of law and its contents are true and correct, and dated. All declarations shall conform to this section.

(3) Certificate of service. All pleadings filed with the board after the filing of the initial petition, complaint, transmittal of a notice of contest or other pleading initiating the proceeding at the board, must be accompanied by a certificate of service upon all other parties, certifying that service was made electronically, by first class mail, or by hand-delivery. All correspondence or other communication submitted to the attention of the board must also be sent to all other parties or their representatives.

(4) Signing a document. All documents filed with the board must be signed, either in black ink or electronically. A person's signature on a document constitutes a certification by the person that:
(A) The person has read the document;

(B) To the best of the person's knowledge, information, and belief, every statement contained in the document is true and correct and no statements are misleading;

(C) The person has complied with all applicable rules; and

(D) The document is not filed to hinder or delay the proceeding or for the purpose of harassing any party.

(5) Service of documents. All documents filed with the board must be served on the other parties or the parties' representatives. Service of a document is complete upon mailing, hand-delivery, or electronic delivery; however, whenever a party has the right, or is required, to perform some act or take some action within a prescribed period after service of a document, and the document is served by mail, two days shall be added to the prescribed period.

(c) Electronic filing and service. All documents shall be filed using the board's electronic filing system (EFS), except as specifically provided herein. Information on registering for the board's EFS shall be available on the board's webpage or at the board's office. Only "users", as defined in paragraph (1), may use the board's EFS.

(1) As used herein, "user" or "users" means a party or a party's representative in a case before the board and registered with the EFS. All attorneys or law firms representing a party appearing before the board shall register as a user. An employee of a user may register as a user in the employee's own name to file documents on behalf of the employee's employer, provided that such employer shall be responsible for the employee's actions and documents electronically filed by the employee. Each user shall follow the requirements of the EFS, including keeping the user's registration information current with the EFS.

(2) As used herein, "electronic signature" means the name of the user typed in the space usually reserved for a handwritten signature preceded by "/s/" or the image of the user's handwritten signature or any other mark or symbol acceptable to the board. Subject to the board adopting alternative verification methodology, once a document is filed with the EFS, the electronic signature shall carry the same weight and legal effect as a handwritten signature. The user is responsible for all acts and documents filed with the EFS.

(3) An electronically filed document shall have the same legal effect as a document filed at the board's office and is deemed to be filed as of the date and time affixed on the document by the board's EFS provided that any document filed with the EFS on a day or at a time when the board is not open for business is deemed filed on the next date or time the board is open for business.

(4) If an electronic filing or an electronic service of a document does not occur because of the EFS' failure to process the document, inaccessibility to the EFS, or an EFS error and it was not due to the user's fault, the board may extend any deadline.

(5) An employer, exclusive representative, or labor organization who is a party to a case before the board may be permitted access to their case file by the board upon request.

(d) Exemption from electronic filing. A self-represented litigant (SRL) may file a signed written request with the board for an exemption from subsection (c) stating the reasons for the request. The signed request shall automatically be granted. The SRL shall agree to file all documents by first class mail or hand-delivery at the board's office and serve all documents to the other parties in the case by first class mail or hand-delivery at the party's last known address.

(1) All documents submitted to the board for filing under this subsection must contain the SRL's original handwritten signature in black ink.

(2) Upon receiving a document, the board shall affix a date and time on the document, signifying when the document was filed, which will be deemed as the original filing date. The filed document will be uploaded by the board to the EFS. The original filed document will be discarded. Any date and time affixed by the EFS will not change the original filing date.

(e) Board documents. The board may electronically serve board-issued documents upon parties, counsel, or representatives who are users. If an SRL is not a user, the board shall serve such party by mail or hand-delivery at the party's last known address, unless otherwise required by law.

(1) Unless otherwise required by law, the board shall give written notice of any hearing by first class mail or by electronic service through the EFS at least fifteen days before the scheduled date of the hearing.

(2) If electronically filed, all documents issued by the board may be signed using electronic signatures by a board member, hearings officer, executive officer, or staff member.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.