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 4 - PROHIBITED PRACTICES AND UNFAIR LABOR PRACTICES
Section 12-43-64 - Answer

Universal Citation: HI Admin Rules 12-43-64

Current through August, 2024

(a) A respondent shall file an answer to a complaint, amended complaint or a motion to dismiss in lieu of answer within ten days after service of the complaint, unless otherwise directed by the board, and shall serve the answer or motion upon all other parties as reflected on an attached certificate of service.

(b) If the charge is believed by a respondent to be so vague and indefinite that the respondent cannot reasonably be required to frame an answer thereto, the respondent may, within five days after service of the complaint, file a motion for particularization of the complaint with the board, requesting that the complainant file a statement supplying specific information. If the board grants the motion, the complainant shall file with the board, and serve the respondent with, the requested particularization within five days after service of the board's granting order, unless the board directs otherwise. If the complainant fails to timely file and serve the particularization, the board may dismiss the complaint. Within five days after service of the complainant's particularization, the respondent shall file with the board an answer, with certificate of service on all parties, unless the board directs otherwise.

(c) The answer shall contain the following:

(1) A specific admission, denial, or explanation of each allegation of the complaint, or, if respondent is without knowledge thereof, the respondent shall so state and the statement shall constitute a denial;

(2) A specific detailed statement of any affirmative defense; and

(3) A clear and concise statement of the facts and matters of law relied upon constituting the grounds of defense.

(d) In circumstances involving excusable neglect, the board may, upon motion, extend the time within which the answer shall be filed.

(e) All allegations of new matters in the answer shall be deemed denied without the necessity of a reply.

(f) If the respondent fails to file a timely answer, such failure may constitute an admission of the material facts alleged in the complaint and a waiver of hearing.

(g) The respondent may file a motion to dismiss in lieu of a timely answer. If such motion is denied, the respondent shall file an answer within the time specified in the board's decision.

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