Haw. Code R. § 12-42-45

Current through April, 2024
Section 12-42-45 - Answer
(a) A respondent shall file a written answer to the complaint within ten days after service of the complaint. One copy of the answer shall be served on each party, and the original and five copies, with certificate of service on all parties, shall be filed with the board.
(b) If the charge is believed by a respondent to be so vague and indefinite that the respondent cannot reasonably be required to frame an answer thereto, such respondent may, within five days after service of the complaint, file with the board a motion for particularization of the complaint, requesting that the complainant file a statement supplying specific information. If the board grants such motion, the complainant shall file with the board the original and five copies of the requested particularization, with certificate of service on all parties, within five days after service of the board's granting order, unless the board directs otherwise. If the complainant fails to timely file and serve the particularization, the board shall dismiss the complaint. Within five days after the service of the complainant's particularization, the respondent shall file with the board the original and five copies of the answer, with certificate of service on all parties, unless the board directs otherwise.
(c) The answer shall contain the following:
(1) A specific admission, denial, or explanation of each allegation of the complaint, or, if respondent is without knowledge thereof, such respondent shall so state and such statement shall constitute a denial. Admissions or denials may be made to all or part of the allegation, but shall fairly meet the substance of the allegation.
(2) A specific detailed statement of any affirmative defense.
(3) A clear and concise statement of the facts and matters of law relied upon constituting the grounds of defense.
(d) In extraordinary circumstances as determined by the board, the board may extend the time within which the answer shall be filed.
(e) All allegations of new matters in the answer shall be deemed denied without the necessity of a reply.
(f) The board may permit the respondent to amend the answer for good cause shown at any time before or during the hearing.
(g) If the respondent fails to file an answer, such failure shall constitute an admission of the material facts alleged in the complaint and a waiver of hearing.

Haw. Code R. § 12-42-45

[Eff FEB. 6, 1981] (Auth: HRS § 89-5) (Imp: HRS §§ 89-13, 89-14)