Hawaii Administrative Rules
Title 6 - DEPARTMENT OF BUDGET AND FINANCE
Division - PUBLIC UTILITIES COMMISSION
Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM
Subchapter 6 - ENFORCEMENT PROCEDURES
Section 6-83-100 - Formal complaints

Universal Citation: HI Admin Rules 6-83-100

Current through August, 2024

(a) The State or any county, excavator, or operator may file a formal complaint against any excavator or facility operator subject to chapter 269E, HRS.

(b) Formal complaints shall:

(1) Be in writing;

(2) Comply with sections 6-61-15 to 6-61-24, HAR;

(3) State the full name and address of each complainant and of each respondent;

(4) Set forth fully and clearly the specific act or acts complained of in ordinary and concise language; and

(5) Advise the respondent and the commission completely of the facts constituting the grounds of the complaint, the injury complained of, and the exact relief desired.

(c) A complaint that alleges a violation of law shall clearly specify the particular parts of the law which are alleged to have been violated and the facts which the complainant relies upon to establish the violation.

(d) If two or more sections of the law or two or more requirements established pursuant to law are alleged to be violated, the facts claimed to constitute violation of one section, subsection, or requirement shall be stated separately from those claimed to constitute a violation of another section, subsection, or requirement whenever that can be done without undue repetition.

(e) If the formal complaint substantially complies with this subchapter, the commission shall serve a copy upon each respondent, together with an order requiring that the complaint be answered within twenty days after the date of service. Two copies of the formal complaint shall also be served on the consumer advocate. In emergency cases, the commission may require the filing within a shorter time period.

(f) If the formal complaint is not in substantial compliance with this subchapter, the commission shall return the complaint to the complainant with an explanation of the reasons why the formal complaint does not comply with this chapter.

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