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Rule 01 - Rules Relating To Administrative Procedure
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Rule 01 - Rules Relating To Administrative Procedure
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4/11/2016 4:04:37 PM
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2/10/2014 7:43:30 AM
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2. <br />petitioner standing to maintain an action if seeking judicial relief; <br /> <br />3. The issuance of the declaratory order may adversely affect the <br />interests of the County, the Department, or any of its officers or <br />employees in any litigation which is pending or may reasonably be <br />expected to arise; or <br /> <br />4. The matter is not within the jurisdiction. <br /> <br />E. Referral to Other Agencies <br /> <br />Where any question of law is involved, the Director may refer the matter to <br />the corporation counsel. The Director may also obtain the assistance of <br />other departments or agencies, where necessary or desirable. <br /> <br />F. Notification of Petitioner <br /> <br />The petitioner shall be promptly informed by the Director of the disposition <br />of the petition. <br /> <br />G. Status of Orders <br /> <br />An order disposing of a petition shall have the same status as other <br />Department orders. An order shall be applicable only to the factual <br />situation alleged in the petition or set forth in the order. An order shall not <br />be applicable to different factual situations or where additional facts not <br />considered in the order exist. <br /> <br />Section 7 Contested Cases <br /> <br /> <br />Any person aggrieved by the decision of the Director or the Department who <br />wishes to contest a decision of the Director may appeal the decision within thirty <br />(30) days and shall have the matter determined after an opportunity for a <br />hearing, in accordance with the following rules of practice. <br /> <br />A. Notice <br /> <br />The appellant shall be notified in writing of the hearing and of the <br />opportunity to be heard. The notice shall conform to the requirements of <br />Section 91-9(b) of the Hawai`i Revised Statutes, and shall be sent to the <br />party not less than fifteen (15) days before the date of the hearing. <br />Notification of the hearing shall be available in alternative formats upon <br />request. To request an Auxiliary Aid, such as an Assistive Listening <br />Device, or language translation, a phone number and contact person shall <br />be announced in notices of the hearing and such a request shall be made <br />no later than ten (10) business days prior to the hearing date. Upon <br />11 <br /> <br /> <br />
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