Current through September, 2024
Section 17-2030-3 - Service of process(a) A notice of cause issued for the purpose of this chapter shall be served as follows: (1) By personal Service by a person authorized by the facility Operator: (A) Upon a person other than a dependent or an incompetent person in the following manner: (i) By delivering the notice personally or, in the case the party cannot be found, by leaving copies at the party's dwelling unit or usual place of abode with some person of suitable age and discretion then residing therein;(ii) By delivering the notice to an agent authorized by appointment or by law to receive Service;(B) Upon a dependent, by delivering the notice personally to the guardian of the dependent's property, or if there is no guardian or if Service cannot be made upon the guardian, then as provided by order of the hearings officer; and also to the dependent if the dependent is older than fifteen years of age; or(C) Upon an incompetent person, by delivering the notice personally to the guardian of the person's property, or if service cannot be made upon the guardian, then as provided by order of the hearings officer; and also to the incompetent person, unless the hearings officer otherwise Orders;(2) By mailing the notice to any party at the party's last known address by certified or registered mail, return receipt requested; or(3) If any person cannot be served with process, and the facts shall appear by affidavit or otherwise to the satisfaction of the hearings officer, serviceas to the person pursuant to order of the hearings officer shall include leaving a copy of the notice affixed in a conspicuous place upon the person's dwelling unit.(b) Every document subsequent to the original notice of cause shall be served on the parties as follows: (1) When Service is required to be made upon a party represented by an attorney, the Service shall be made upon the attorney; and(2) Service upon an attorney or upon a party shall be made by a person authorized by the facility Operator by delivering a copy or by mailing it by first class mail, postage prepaid, to the attorney's last known address.[Eff NOV 15 2004] (Auth: HRS § 201G-452(b)) (Imp: HRS § 201G-452)