Haw. Code R. § 16-181-28

Current through April, 2024
Section 16-181-28 - Technical corrections; rehearing
(a) Technical corrections, defined as corrections in computational, clerical, or typographical errors, or other minor corrections of errors arising from oversight or omission, may be achieved by the entry of an amended decision by the arbitrator within forty-five days of the proper filing of the demand form with the program administrator. Clarification of a decision may also be made in this manner.
(b) In a binding arbitration, if the forty-five day period has passed, a party who desires clarification or technical corrections in a decision must submit a written request to extend the arbitrator's jurisdiction to the program administrator within five days of receipt of the decision. The written request should explain in detail the correction or clarification being requested. The program administrator shall provide a copy of the written request to the opposing party. Only if the opposing party also submits a written request to extend the arbitrator's jurisdiction, shall the requests be forwarded to the arbitrator. The opposing party's written request to extend the arbitrator's jurisdiction must be received by the program administrator within five days after the opposing party's receipt of the copy of the original written request. Upon receipt of both parties' written requests to extend jurisdiction, the arbitrator may accept the reinstatement of jurisdiction. If the arbitrator's jurisdiction is reinstated and the decision is amended, the amended decision shall be served upon the parties by the program administrator in the manner specified in section 16-181-26(k).
(c) In a nonbinding arbitration, if the forty-five day period has passed, a party who desires clarification or technical corrections in a decision must submit a written request to extend the arbitrator's jurisdiction to the program administrator within five days of receipt of the decision. The program administrator shall provide a copy of the written request to the opposing party. The opposing party may submit a response if it so chooses. The original request and any response shall be forwarded to the arbitrator. Upon receipt of the original request and any response, the arbitrator may accept the reinstatement of jurisdiction. If the arbitrator's jurisdiction is reinstated and the decision is amended, the amended decision shall be served upon the parties by the program administrator in the manner specified in section 16-181-26(k).

Haw. Code R. § 16-181-28

[Eff 3/3/97; comp 10/8/05] (Auth: HRS § 481I-4) (Imp: HRS § 481I-4)