Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-31 - Motions

Universal Citation: HI Admin Rules 12-46-31

Current through August, 2024

(a) An application for an 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 affidavits 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 hearings examiner shall provide notice to be served upon all parties not later than seven days before the hearing and the opposing party shall file and serve any counter affidavits and memorandum in opposition not less than two days before the hearing.

(d) All motions shall be filed with and decided by the hearings examiner.

(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 hearings examiner's decision

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