Administrative Hearing Request Packet - Hawaii

ADMINISTRATIVE HEARING REQUEST PACKET — HAWAII

Hearing Request, Cover Letter, and Practice Guide

Pursuant to the Hawaii Administrative Procedure Act (HRS Chapter 91) and Office of Administrative Hearings Rules (HAR Title 16, Chapter 201)

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Formal Request for Administrative Hearing
3. Statement of Issues / Grounds for Hearing
4. Agency Identification and OAH
5. Filing Instructions
6. Deadlines and Timeline
7. Discovery and Evidence Rules
8. Pre-Hearing Conference Procedures
9. Hearing Procedures and Rules of Evidence
10. Post-Hearing Briefs and Procedures
11. Appeal Rights from Administrative Decision
12. Document Checklist
13. Practice Tips for Hawaii Administrative Hearings
14. Sources and References

1. HEARING REQUEST COVER LETTER

[Date: __/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / EMAIL / ELECTRONIC FILING]

[________________________________]
[Agency Name / Hearing Office]
[________________________________]
[Address Line 1]
[________________________________]
[Address Line 2]
[________________________________]
[City, Hawaii ZIP]

RE:     Request for Contested Case Hearing
        Petitioner: [________________________________]
        Agency Case/Reference No.: [________________________________]
        Agency Action Date: [__/__/____]

Dear [________________________________]:

Pursuant to the Hawaii Administrative Procedure Act, Hawaii Revised
Statutes Chapter 91, and specifically HRS § 91-9, the undersigned
hereby submits this Request for Contested Case Hearing on behalf of
[________________________________] ("Petitioner") to contest the
[________________________________] [describe agency action: denial,
revocation, suspension, fine, enforcement order, etc.] issued by
[________________________________] [Agency Name] on [__/__/____].

Petitioner received notice of the agency action on [__/__/____].
This request is timely filed within the [____]-day period prescribed
by [________________________________] [cite applicable statute,
regulation, or agency notice provision].

Petitioner's legal rights, duties, or privileges are required by law
to be determined after an opportunity for an agency hearing, making
this matter a "contested case" as defined by HRS § 91-1.

Enclosed with this letter are the following documents:
  1. Formal Request for Contested Case Hearing
  2. Statement of Issues / Grounds for Hearing
  3. Copy of Agency Action/Notice Being Contested
  4. Supporting Documentation
  5. Proof of Service
  6. [Additional: ________________________________]

Please acknowledge receipt and schedule a hearing at the earliest
practicable date. Please direct all communications regarding this
matter to:

[________________________________]
[Attorney Name]
[________________________________]
[Hawaii Bar No.]
[________________________________]
[Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City, Hawaii ZIP]
Phone: [________________________________]
Email: [________________________________]

Respectfully submitted,

____________________________________
[Signature]
[Printed Name]
Hawaii Bar No.: [________________________________]
Date: [__/__/____]

2. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE [________________________________] [Agency Name]

STATE OF HAWAII

In the Matter of:

[________________________________],
Petitioner.

Agency Case No.: [________________________________]

REQUEST FOR CONTESTED CASE HEARING

Petitioner, [________________________________], by and through undersigned counsel, hereby requests a contested case hearing pursuant to HRS § 91-9 and states as follows:

I. PARTIES

1. Petitioner:
   - Full Legal Name: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]
   - Email: [________________________________]
   - License/Permit No. (if applicable): [________________________________]

2. Attorney/Representative for Petitioner:
   - Name: [________________________________]
   - Hawaii Bar No.: [________________________________]
   - Firm: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]
   - Email: [________________________________]

3. Respondent Agency:
   - Agency Name: [________________________________]
   - Division/Bureau: [________________________________]
   - Contact Person: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]

II. AGENCY ACTION BEING CONTESTED

4. Nature of the agency action: [________________________________]
   [e.g., license denial, license revocation, permit denial, fine/penalty assessment, benefits termination, enforcement order]

5. Date of agency action: [__/__/____]

6. Date Petitioner received notice: [__/__/____]

7. Method of notice: [________________________________]
   [e.g., personal service, certified mail, regular mail, email]

8. Agency case/reference number: [________________________________]

9. Description of the agency action:
   [________________________________]
   [________________________________]
   [________________________________]
   [________________________________]

III. JURISDICTIONAL BASIS

10. This proceeding is a "contested case" as defined by HRS § 91-1 because the legal rights, duties, or privileges of Petitioner are required by law to be determined after an opportunity for an agency hearing.

11. The applicable statutes and regulations requiring or authorizing a hearing include:
    - [________________________________]
    - [________________________________]
    - [________________________________]

IV. GROUNDS FOR HEARING

12. Petitioner contests the agency action on the following grounds:

a. [________________________________]
[________________________________]

b. [________________________________]
[________________________________]

c. [________________________________]
[________________________________]

d. [________________________________]
[________________________________]

V. FACTS IN SUPPORT

13. The material facts supporting this request are:
    [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]

VI. STATUTES AND RULES AT ISSUE

14. The following statutes and rules are at issue:
    - [________________________________]
    - [________________________________]
    - [________________________________]
    - [________________________________]

VII. RELIEF REQUESTED

15. Petitioner requests the following relief:

☐ A contested case hearing pursuant to HRS § 91-9
☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Remand for further agency consideration
☐ Stay of agency action pending hearing
☐ Other relief: [________________________________]

VIII. REQUEST FOR STAY

☐ Petitioner DOES request a stay of the agency action pending hearing.
☐ Petitioner DOES NOT request a stay at this time.

If stay is requested:

(a) Irreparable Harm:
[________________________________]
[________________________________]

(b) Likelihood of Success:
[________________________________]
[________________________________]

(c) Balance of Equities:
[________________________________]
[________________________________]

(d) Public Interest:
[________________________________]
[________________________________]

IX. REQUEST FOR HEARING ACCOMMODATIONS

☐ Petitioner requests the following accommodations:
☐ Interpreter services (Language: [________________________________])
☐ Accessible hearing location (ADA compliance)
☐ Remote participation via interactive conference technology (per HRS § 91-9)
☐ Other: [________________________________]

X. VERIFICATION

I, [________________________________], declare under penalty of law that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

____________________________________
Signature of Petitioner or Authorized Representative

Date: [__/__/____]

3. STATEMENT OF ISSUES / GROUNDS FOR HEARING

DETAILED STATEMENT OF CONTESTED ISSUES

Issue 1: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable HRS Section / HAR Rule: [________________________________]

• Why the Agency Action Is Erroneous: [________________________________]
  [________________________________]

Issue 2: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable HRS Section / HAR Rule: [________________________________]

• Why the Agency Action Is Erroneous: [________________________________]
  [________________________________]

Issue 3: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable HRS Section / HAR Rule: [________________________________]

• Why the Agency Action Is Erroneous: [________________________________]
  [________________________________]

Additional Issues:
[________________________________]
[________________________________]
[________________________________]

BRIEF FACTUAL NARRATIVE

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4. AGENCY IDENTIFICATION AND OAH

Hawaii Administrative Hearing Bodies

Hawaii's administrative hearing system operates primarily through individual agencies conducting their own hearings under HRS Chapter 91, with the Office of Administrative Hearings (OAH) handling hearings for the Department of Commerce and Consumer Affairs (DCCA).

Office of Administrative Hearings (OAH) — DCCA:

• Office of Administrative Hearings
• Department of Commerce and Consumer Affairs
• 335 Merchant Street, Room 100
• Honolulu, Hawaii 96813
• Phone: (808) 586-2636
• Website: https://cca.hawaii.gov/oah/
• Forms: https://cca.hawaii.gov/oah/forms-oah_/

OAH Jurisdiction:

The OAH conducts contested case hearings and issues recommended or final decisions for all divisions within DCCA, including:

• Professional and Vocational Licensing (PVL)
• Regulated Industries Complaints Office (RICO)
• Insurance Division
• Financial Institutions Division
• Business Registration Division
• Cable Television Division

Matters Handled by OAH:

Other Agency-Specific Hearing Bodies:

Identify the Correct Filing Destination:

• Agency Name: [________________________________]
• Division/Bureau: [________________________________]
• Hearing Office: [________________________________]
• Address: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]

5. FILING INSTRUCTIONS

How to File a Hearing Request in Hawaii

Step 1: Determine the Correct Agency and Filing Method

☐ Identify which agency or hearing body has jurisdiction
☐ Obtain the agency's specific hearing request form (if one exists)
☐ Check HAR rules specific to the agency for filing requirements

Step 2: Prepare the Filing

☐ Complete the Formal Request for Contested Case Hearing (Section 2)
☐ Prepare the Statement of Issues (Section 3)
☐ Attach a copy of the agency action/notice being contested
☐ Include supporting documentation as required
☐ Prepare proof of service

Accepted Filing Methods (vary by agency):

☐ Hand Delivery: To the agency hearing office during business hours
☐ U.S. Mail: Certified mail, return receipt requested (recommended)
☐ Email: If accepted by the specific agency
☐ Electronic Filing: If the agency has an electronic filing system
☐ Facsimile: If accepted by the specific agency

For OAH (DCCA) Filings:

• File with the OAH Clerk at the DCCA office
• OAH forms are available at https://cca.hawaii.gov/oah/forms-oah_/
• Common forms include: Motion forms, Exhibit List, Proof of Service, Subpoena forms

Step 3: Service Requirements

• Serve a copy of the hearing request on the agency and all parties
• Retain proof of service (certified mail receipt, delivery confirmation)
• Follow agency-specific service requirements

Step 4: Filing Fees

• Hawaii generally does not charge filing fees for contested case hearing requests
• Transcript costs are borne by the requesting party
• Confirm with the specific agency whether any fee applies

Step 5: Confirmation

☐ Obtain confirmation of filing from the agency
☐ Record the assigned case/docket number
☐ Calendar all deadlines referenced in the acknowledgment

6. DEADLINES AND TIMELINE

Critical Hawaii Administrative Hearing Deadlines

Filing Deadline for Hearing Request:

• The deadline is established by the specific statute, regulation, or agency notice governing the action
• Common deadlines include:
• Professional license actions (DCCA/PVL): typically within the time specified in the notice
• Tax appeals: 30 days from notice of assessment (HRS § 232-16)
• DHS benefits: as specified in the notice of adverse action
• DLIR workers' compensation: as specified by applicable HRS chapter
• Environmental/land use: as specified in the agency order or permit decision
• Special education due process: as specified under IDEA and HAR Title 8, Ch. 60
• IMPORTANT: Always check the specific agency notice for the filing deadline

Timeline After Filing:

7. DISCOVERY AND EVIDENCE RULES

Discovery in Hawaii Administrative Proceedings

General Principles:

• HRS Chapter 91 does not contain comprehensive discovery provisions
• Discovery rights depend on the specific agency's HAR rules and the hearing officer's discretion
• Parties should seek discovery early and informally when possible

Methods of Obtaining Information:

☐ Bill of Particulars: Under HRS § 91-9(b), if the agency's initial notice does not state the issues and facts in detail, a party may apply for a bill of particulars, which the agency must furnish
☐ Subpoenas: Request subpoenas from the hearing officer for witnesses and documents
☐ Records Requests: Use the Uniform Information Practices Act (UIPA, HRS § 92F) to request agency records
☐ Informal Discovery: Exchange information by agreement between parties

Subpoena Practice:

• OAH provides subpoena forms for contested case hearings
• File a written request with the hearing officer identifying the witness or documents
• State the relevance of the testimony or records sought
• Subpoenas are enforceable through the courts

UIPA Records Requests (HRS § 92F):

• Hawaii's Uniform Information Practices Act provides broad access to government records
• File a written request with the agency's records custodian
• The agency must respond within a reasonable time
• Use UIPA requests to supplement evidence gathering for administrative hearings

Evidence Preparation:

☐ Organize all exhibits chronologically or by subject
☐ Mark exhibits sequentially (Petitioner's Exhibit 1, 2, 3, etc.)
☐ Prepare an exhibit list (OAH provides a standard form)
☐ Make sufficient copies for the hearing officer, opposing party, and your records
☐ Prepare a brief description of each exhibit for the exhibit list

8. PRE-HEARING CONFERENCE PROCEDURES

Hawaii Pre-Hearing Conference Practice

Scheduling:

• The hearing officer may schedule a pre-hearing conference
• Pre-hearing conferences may be conducted in person, by telephone, or by interactive conference technology (HRS § 91-9)
• Not all agencies hold pre-hearing conferences; check agency-specific rules

Matters Typically Addressed:

☐ Identification and simplification of issues
☐ Stipulations of fact and law
☐ Exchange of witness lists and exhibit lists
☐ Scheduling of the evidentiary hearing
☐ Estimated length of hearing
☐ Pending and anticipated motions
☐ Settlement or alternative resolution discussions
☐ Accommodation requests
☐ Procedural modifications by stipulation (HRS § 91-9(d))

Stipulations (HRS § 91-9(d)):

Any procedure in a contested case may be modified or waived by stipulation of the parties, and informal disposition may be made by:

• Stipulation
• Agreed settlement
• Consent order
• Default

Pre-Hearing Submissions:

☐ Pre-hearing memorandum or brief (if required by the hearing officer)
☐ Proposed findings of fact and conclusions of law
☐ Witness list with brief description of anticipated testimony
☐ Exhibit list with copies of exhibits
☐ Stipulations of fact and law
☐ Motions in limine

Motions:

Common pre-hearing motions include:
☐ Motion to Dismiss
☐ Motion for Summary Judgment / Disposition
☐ Motion to Continue
☐ Motion to Compel (production of documents or information)
☐ Motion in Limine
☐ Motion for Protective Order
☐ Motion for Consolidation

9. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Contested Case Hearings Under HRS § 91-9

Notice Requirements (HRS § 91-9(b)):

The agency must provide reasonable notice to all parties, including:

• An explicit statement in plain language of the issues involved and the facts alleged by the agency
• The fact that any party may retain counsel
• The fact that an individual may appear on their own behalf
• If issues cannot be stated in detail at the time of notice, the initial notice may be limited to a statement of issues, and a bill of particulars shall be furnished on application

Parties' Rights at Hearing (HRS § 91-9(c)):

☐ Right to be represented by counsel
☐ Right to present evidence and argument on all issues involved
☐ Right to cross-examine witnesses
☐ Right to appear personally or through a representative
☐ Right to a record of the proceedings

Interactive Conference Technology:

Under HRS § 91-9, hearings may be held using interactive conference technology that allows interaction by the agency, any party, and counsel. This includes video conferencing and similar technology.

Rules of Evidence (HRS § 91-10):

• In contested cases, the hearing officer is not bound by the strict rules of evidence
• Relevant, material, and competent evidence is admissible
• Rules of privilege recognized by law shall be given effect
• The agency may receive and consider evidence that would be inadmissible under the rules of evidence if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs
• Hearsay evidence is admissible but may be given less weight
• Any part of the evidence may be received in written form

Official Notice (HRS § 91-10):

The hearing officer may take official notice of:

• Judicially noticeable facts
• Technical or scientific facts within the specialized knowledge of the agency
• Notice must be taken on the record and parties given opportunity to contest

Burden of Proof:

• In license discipline cases: the agency bears the burden
• In license application/denial cases: the applicant may bear the burden
• Default standard: preponderance of the evidence unless otherwise specified by statute
• The specific burden depends on the nature of the proceeding and applicable statute

Examination of Evidence by Agency (HRS § 91-11):

When the agency itself did not preside at the reception of evidence, the agency shall not decide the case until every member who decides the case has:

• Read the record or a summary thereof (agreed to by the parties)
• OR the parts of the record cited by the parties

Order of Proceedings:

1. Preliminary matters (representation, stipulations, accommodations)
2. Opening statements
3. Party with burden of proof presents case-in-chief
4. Cross-examination
5. Responding party presents case
6. Cross-examination
7. Rebuttal evidence
8. Closing arguments (oral or written)
9. Record closes

10. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Procedures in Hawaii

Post-Hearing Briefs:

• The hearing officer may order or permit post-hearing briefs
• Briefs typically address the evidence, applicable law, and proposed findings
• Filing deadlines are set by the hearing officer
• Simultaneous or sequential briefing schedules may be ordered

Proposed Findings of Fact and Conclusions of Law:

• The hearing officer may require the parties to submit proposed findings and conclusions
• These should cite specific evidence from the record
• Well-supported proposed findings are more likely to be adopted

Decision and Order (HRS § 91-12):

Every decision and order adverse to a party to the proceeding shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. The findings shall set forth:

• The evidence relied upon
• The reasons for the decision
• Parties shall be notified by delivering or mailing a certified copy to each party or the party's attorney of record

Finality:

• The decision becomes final upon expiration of the time for filing a petition for judicial review, unless such petition is filed
• Some agencies provide for reconsideration or rehearing; check agency-specific rules

Motion for Reconsideration:

• A party may file a motion for reconsideration within the timeframe set by agency rules
• The motion should identify specific errors of fact or law
• Filing a motion for reconsideration may or may not toll the judicial review deadline — verify under the specific agency's rules

11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under HRS § 91-14

Right to Judicial Review:

Any person aggrieved by a final decision and order in a contested case is entitled to judicial review thereof under HRS § 91-14.

Exhaustion Requirement:

Proceedings for review shall not be maintained unless the aggrieved party has exhausted all available administrative remedies.

Where to File:

• Circuit Court of the circuit in which the proceeding was conducted, OR
• Circuit court of the circuit in which the party resides or has its principal place of business

Filing Deadline:

• A petition for judicial review must be filed within 30 days after the agency serves its final decision and order on the party (HRS § 91-14(b))
• This deadline is jurisdictional

Contents of Petition:

The petition shall:
☐ Specify the parties to the proceeding
☐ State the nature of the agency action
☐ Include a concise statement of the proceedings
☐ State the questions presented for review
☐ Designate the portions of the record to be transmitted

Record on Review:

• The agency shall transmit the record to the court within the time specified
• The record includes all papers, evidence, exhibits, and the decision
• Costs of preparing the record are addressed by the court

Standard of Review (HRS § 91-14(g)):

The court may affirm, reverse, or modify the agency decision, or remand with instructions. The court may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, conclusions, decisions, or orders are:

☐ In violation of constitutional or statutory provisions
☐ In excess of the statutory authority or jurisdiction of the agency
☐ Made upon unlawful procedure
☐ Affected by other error of law
☐ Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record
☐ Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion

Stay Pending Review:

• A party may apply to the court for a stay of the agency decision pending judicial review
• The court has discretion to grant a stay upon appropriate conditions

Appeal from Circuit Court:

• A party aggrieved by the circuit court's decision may appeal to the Intermediate Court of Appeals (ICA) or the Hawaii Supreme Court in accordance with the Hawaii Rules of Appellate Procedure

12. DOCUMENT CHECKLIST

Hawaii Administrative Hearing — Filing Checklist

Pre-Filing Preparation:

☐ Obtained and reviewed the agency notice/decision being contested
☐ Identified the applicable statute or regulation governing the right to hearing
☐ Confirmed the filing deadline (check the agency notice)
☐ Identified whether OAH (DCCA) or the agency conducts the hearing
☐ Obtained any agency-specific hearing request forms
☐ Retained Hawaii counsel or determined to proceed pro se
☐ Gathered relevant documents and evidence

Filing Package — Required Documents:

☐ Cover Letter (Section 1 of this packet)
☐ Formal Request for Contested Case Hearing (Section 2)
☐ Statement of Issues / Grounds for Hearing (Section 3)
☐ Copy of the agency action/notice being contested
☐ Verification / Declaration
☐ Proof of service on the agency and all parties

Filing Package — Optional/Supplemental Documents:

☐ Request for stay of agency action (with supporting grounds)
☐ Application for bill of particulars (HRS § 91-9(b))
☐ Supporting evidence and documentation
☐ Request for accommodation (interpreter, accessibility, remote hearing)
☐ UIPA records request (HRS § 92F)
☐ Subpoena request(s)
☐ Authorization for representative
☐ Motion for expedited hearing

Post-Filing Follow-Up:

☐ Confirmed receipt of filing by the agency
☐ Noted assigned case/docket number
☐ Calendared hearing date and all interim deadlines
☐ Filed UIPA requests for agency records
☐ Prepared witness list and exhibit list
☐ Exchanged exhibits as ordered by hearing officer
☐ Filed pre-hearing brief (if required)
☐ Arranged for witnesses to appear at hearing
☐ Prepared opening and closing statements
☐ Confirmed hearing accommodations if requested
☐ Calendared 30-day judicial review deadline from service of final decision

13. PRACTICE TIPS FOR HAWAII ADMINISTRATIVE HEARINGS

Strategic Considerations

1. Determine the Correct Hearing Body: Hawaii does not have a single centralized administrative hearings office for all agencies. The OAH under DCCA handles hearings for DCCA divisions (professional licensing, insurance, etc.). Other agencies have their own hearing officers. Identify the correct body before filing.

2. Contested Case Definition: Under HRS § 91-1, a "contested case" is one in which legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing. Not all agency actions create a right to a contested case hearing. Confirm that your matter qualifies.

3. Bill of Particulars: If the agency's notice does not state the issues and facts in detail, request a bill of particulars under HRS § 91-9(b). This forces the agency to specify its factual allegations and legal theories, helping you prepare your defense.

4. Interactive Conference Technology: HRS § 91-9 specifically authorizes hearings via interactive conference technology. This can be advantageous for parties or witnesses located on neighbor islands or the mainland. Request remote participation if appropriate.

5. Stipulations Can Modify Procedure: Under HRS § 91-9(d), any procedure may be modified or waived by stipulation of the parties. Use this provision to streamline proceedings, agree on evidence submissions, or reach informal dispositions.

6. UIPA as a Discovery Tool: Hawaii's Uniform Information Practices Act (HRS § 92F) provides broader records access than many states' public records laws. Use UIPA requests early and aggressively to obtain agency records relevant to your case.

7. Relaxed Evidence Rules: The hearing officer is not bound by strict rules of evidence. Focus on presenting reliable and probative evidence, but be aware that the opposing party can also introduce evidence that would be inadmissible in court.

8. Agency Decision Requirement (HRS § 91-12): Every adverse decision must be in writing, accompanied by separate findings of fact and conclusions of law, with reasons for the decision. If the agency fails to provide this, challenge the decision on procedural grounds.

9. HRS § 91-11 Protection: When the agency members who decide the case did not preside at the hearing, they must read the record or a party-agreed summary before deciding. Ensure compliance with this requirement and raise objections if violated.

10. Judicial Review Is Deferential: Courts review agency decisions under the "clearly erroneous" standard for findings of fact. Build a strong administrative record at the hearing stage, as you generally cannot introduce new evidence on judicial review.

11. 30-Day Judicial Review Deadline: The 30-day period for filing a petition for judicial review runs from service of the agency's final decision and order. Calendar this date immediately and do not assume a motion for reconsideration tolls the deadline unless agency rules explicitly say so.

12. Multi-Island Considerations: Hawaii's geography creates unique logistical challenges. Plan for travel, remote participation, and document delivery to neighbor islands if relevant parties or witnesses are located outside Honolulu.

13. Cultural Sensitivity: Hawaii administrative proceedings may benefit from cultural awareness, including Hawaiian language considerations and the unique regulatory framework for Hawaiian homelands, water rights, and other culturally significant matters.

14. OAH Forms: The OAH provides standard forms including exhibit lists, motion forms, proof of service forms, and subpoena forms. Use these forms to ensure compliance with OAH procedural requirements.

14. SOURCES AND REFERENCES

Hawaii Statutes

• Hawaii Administrative Procedure Act: HRS Chapter 91
• § 91-1: Definitions
• § 91-2: Public Information
• § 91-9: Contested Cases; Notice; Hearing; Records
• § 91-10: Rules of Evidence; Official Notice
• § 91-11: Examination of Evidence by Agency
• § 91-12: Decisions and Orders
• § 91-13: Institution of Proceedings
• § 91-14: Judicial Review of Contested Cases
• Hawaii Uniform Information Practices Act: HRS Chapter 92F
• § 92F-11: Affirmative Agency Disclosure Responsibilities
• § 92F-12: Mandatory Disclosure
• § 92F-13: Government Records; Exceptions

Hawaii Administrative Rules

• HAR Title 16, Chapter 201: OAH Administrative Practice and Procedure
• Subchapter 1: General Provisions
• Subchapter 2: Hearing Relief
• Subchapter 3: Hearing Procedures
• HAR Title 8, Chapter 60: Due Process Hearings (Department of Education)

Online Resources

• OAH (DCCA): https://cca.hawaii.gov/oah/
• OAH Forms and Publications: https://cca.hawaii.gov/oah/forms-oah_/
• OAH Hawaii Administrative Rules: https://cca.hawaii.gov/oah/har/
• HRS Chapter 91 (PDF): https://files.hawaii.gov/dcca/oah/forms/oah_/hrs_chapter_91_web.pdf
• HAR Title 16, Chapter 201 (PDF): https://files.hawaii.gov/dcca/oah/forms/oah_/oah_hearings_rules.pdf
• Hawaii Legislature — Statutes: https://www.capitol.hawaii.gov/hrs.aspx
• OAH Decisions Online: https://cca.hawaii.gov/pvl/oah_decisions/

This template is provided for informational purposes only and does not constitute legal advice. Hawaii administrative hearing procedures vary by agency. Always consult with a qualified Hawaii attorney and review the specific agency's rules and HAR provisions before filing. Last updated: 2026-03-07.