Haw. Code R. § 11-271-114

Current through November, 2024

Section 11-271-114 - Content and amendment of the complaint

(a) Complaint for the assessment of a civil penalty. Each complaint for the assessment of a civil penalty shall include:

(1) A statement reciting the section(s) of HRS chapter 342J authorizing the issuance of the complaint;

(2) Specific reference to each provision of HRS chapter 342J and implementing regulations which respondent is alleged to have violated;

(3) A statement of the factual basis for alleging the violation;

(4) The amount of the civil penalty which is proposed to be assessed;

(5) Notice of respondent's right to request a hearing, unless a request for a hearing has been made.

(b) Complaint for department action other than the assessment of a civil penalty. Each complaint for a department action other than the assessment of a civil penalty shall include:

(1) A statement reciting the section(s) of HRS chapter 342J, regulations, and/or permit authorizing the issuance of the complaint;

(2) Specific reference to each term or condition of the permit which the respondent is alleged to have violated, to each alleged inaccuracy or misrepresentation in respondent's permit application, to each fact which the respondent allegedly failed to disclose in his permit application, or to other reasons which form the basis for the complaint;

(3) A statement of the factual basis for such allegations;

(4) A request for an order and a statement of the terms and conditions of the requested order;

(5) Notice of the respondent's right to request a hearing, unless a request for a hearing has been made.

(c) [Reserved]

(d) Amendment of the complaint. The complainant may amend the complaint once as a matter of right at any time before the answer is filed. Otherwise the complainant may amend the complaint only upon motion granted by the hearing officer. Respondent shall have twenty additional days from the date of service of the amended complaint to file his answer.

(e) Withdrawal of the complaint. The complainant may withdraw the complaint, or any part thereof, without prejudice one time before the answer has been filed. After one withdrawal before the filing of an answer, or after the filing of an answer, the complainant may withdraw the complaint, or any part thereof, without prejudice, only upon motion granted by the hearing officer.

Haw. Code R. § 11-271-114

[Eff 6/18/94; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §22.14 )