Current through November, 2024
Section 11-1-32 - Representation and appearances before the department(a) An individual may appear in the individual's own behalf; a general partner of a partnership may represent the partnership; a bona fide officer, trustee, or managerial level employee of a corporation, trust, or association may represent the corporation, trust or association; the manager of a manager-managed limited liability company and a member of a member-managed limited liability company may represent the limited liability company; and an officer or employee of an agency of the state or a political subdivision of the state may represent that agency in any hearing before the department. A legal guardian may appear on behalf of a ward, within the scope of the guardian's duties, and a parent may appear on behalf of his or her minor child, unless the parent's rights have been terminated by court order.(b) In any hearing under these rules, a party may be represented by a lawyer or lawyers qualified to practice before the Supreme Court of Hawaii or an attorney who is allowed to appear pro hac vice. Any attorney actively licensed to practice law by the highest court of a state or territory of the United States or District of Columbia who is not a resident of or regularly employed in the State of Hawaii may be permitted to associate himself or herself with a member or members of the Hawaii bar in the presentation of the specific contested case at the discretion of the hearings officer or final decision maker.(c) A party shall not be represented in any hearing except as stated in subsections (a) and (b).(d) An individual's personal appearance or signature on a document filed with the department constitutes a representation that the individual is authorized and qualified to represent the particular party on whose behalf the individual claims or appears to act. The department may at any time require any individual acting in a representative capacity to prove the individual's authority and qualification to act in that capacity.(e) No past officer, employee, or lawyer of the department shall in any manner represent or appear on behalf of any person regarding any matter or proceeding which was pending before the department when the individual was associated with the department, unless the individual first obtains the director's written consent. To obtain that consent, the individual shall submit a sworn statement showing that the individual did not personally consider or gain particular knowledge of the facts of the matter or proceeding during the individual's association with the department.(f) No individual appearing before the department in any proceeding or matter shall knowingly accept assistance from another individual regarding that proceeding or matter, if the second individual would be precluded by this section from appearing before the department in such proceeding or matter.[Eff 2/14/2005] (Auth: HRS § 91-2, 321-9) (Imp: HRS §§ 91-9)