Current through September, 2024
Section 17-2-8 - Departmental action(a) Upon the filing of the request, the department shall determine whether or not to proceed.(b) If the department decides to proceed, it shall set the matter for further proceedings before a hearing officer, pursuant to the appropriate rules contained in this title, and issue the party a notice which shall include: (1) The date, time, place, and nature of hearing;(2) The legal authority under which the hearing is to be held;(3) The particular sections of the statutes and rules involved;(4) An explicit statement in plain language of the issues involved and the facts alleged by the department in support thereof; provided that if the department is unable to state such issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the known issues and thereafter upon application a bill of particulars shall be furnished;(5) A statement that a party may retain counsel, or may appear on the individual's own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation, trust, or association may represent the corporation, trust, or association.(c) If the department decides not to proceed, the party may request the department to reconsider the determination, or may pursue judicial remedies.[Eff 11/5/84; am and comp APR 13 1995] (Auth: HRS §§ 26-38, 346-14, 348-3) (Imp: HRS §§ 91-2, 91-9, 346-14, 348-3)