1 Rules of General Applicability

HAWAII ADMINISTRATIVE RULES
TITLE 8 DEPARTMENT OF EDUCATION
SUBTITLE 1 RULES OF PRACTICE AND PROCEDURE
CHAPTER 1
RULES OF GENERAL APPLICABILITY
Historical Note: This chapter is based substantially upon Department
of Education "Part I, Rules of Practice and Procedure, Sub-part A,
Rules of General Applicability." [Eff. 3/30/62; R AUG 22, 1983]
8-1-1 General. This chapter governs the procedures of the board of
education of the State of Hawaii under chapter 296, Hawaii Revised
Statutes, and the Hawaii Administrative Procedure Act, and other
related acts as may now or hereafter be administered by the board of
education. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112) (Imp: HRS
§302A-1112)
§8-1-2 Definitions.
(a) As used in this chapter, unless the context specifically requires
otherwise:
"Board" means the board of education.
"Department" means the department of education.
"Party" means each person or agency named or admitted as a party, or
properly seeking and entitled as of right to be admitted as a party
in a proceeding.
"Persons" includes individuals, partnerships, corporations,
associations, or public or private organizations of any character
other than agencies.

"Petitioner" means the party on whose behalf a petition or
application is made in proceedings involving petitions or
applications for permission or authorization which the board may give
under statutory or other authority delegated to it.
"Proceedings" means the board's elucidation of the relevant facts and
applicable law, consideration thereof and action thereupon with
respect to a particular subject within the board's jurisdiction.
"Superintendent" means the superintendent of education.
(b) Unless otherwise specifically stated, the terms used in rules
adopted by the board pursuant to powers granted by statute shall have
the meaning defined by that statute.
(c) A rule which defines a term without express reference to the
statute or to the rules or a portion thereof, defines the term for
all purposes as used both in the statute and in the rules, unless the
context otherwise specifically requires.
(d) Words importing the singular number may extend and be applied to
several persons or things; words importing the plural may include the
singular; and words importing the masculine gender may be applied to
females. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112) (Imp: HRS §§1-17,
91-1, 302A-101, 302A-1112)
§8-1-3 The board.
(a) The office of the board is in Honolulu, Hawaii. All
communications to the board shall be addressed to the Board of
Education,Department of Education,State of Hawaii, Honolulu,Hawaii,
unless otherwise specifically directed.
(b) The office of the board shall be open from 7:45 a.m. to 4:30 p.m.
of each weekday except Saturday unless otherwise provided by statute
or executive order.

(c) The board meets and exercises its powers in any part of the
State. The board may meet in executive session, from which the public
may be excluded, by a recorded vote of not less than two-thirds of
the total membership of the board. However, no order, ruling,
contract, appointment or decision shall be finally acted upon at an
executive session.
(d) As specifically provided by section 296-6, Hawaii Revised
Statutes, a majority of all members to which the board is entitled
shall constitute a quorum to transact business. The concurrence of a
majority of all the members to which the board is entitled shall be
necessary to make any act of the board valid.
(e) The superintendent shall:
(1) Be responsible for carrying out the policies formulated by
the board.
(2) Have charge of the board's official records and shall be
responsible for the maintenance and custody of the docket,
files, and records including the transcripts of testimony and
exhibits, with all papers and requests filed in proceedings, the
minutes of all action taken by the board, and all its findings,
determinations, reports, opinions, orders, rules, and approved
forms.
(3) Prepare and have published for the board an annual report of
the department's activities, including a summarized fiscal
statement which shall be transmitted to the governor and to
members of the legislature.
(4) Be authorized to sign all official documents of the
department, and all orders and other actions of the boar shall
be authenticated or signed by the superintendent or other
persons authorized by the board.

(f) All documents required to be filed with the board shall be filed
in the office of the board in Honolulu, Hawaii, within the time
limits as prescribed by law, rules, or by order of the board; and
similarly, requests for public information, copies of official
documents, or opportunity to inspect public records shall be made to
the board's office. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112)
(Imp:HRS §§92-4, 302A-1106, 302A-1111, 302A-1112)
§8-1-4 Public records.
(a) The term "public records" as used in this part shall be as
defined in section 92-50, Hawaii Revised Statutes, and shall include
all rules, written statements of policy or interpretation formulated,
adopted, or used by the board, all final opinions and orders, the
minutes of the board, and any other material on file in the office of
the board unless accorded confidential treatment pursuant to statute
or the rules of the board.
(b) All public records shall be available for inspection in the
office of the board, Honolulu, Hawaii, during established office
hours unless public inspection of the records is in violation of any
state or federal law; provided that except where the records are open
under any rule of court, the attorney general may determine which
records may be withheld from public inspection when the records
pertain to the preparation of the prosecution or defense of any
action or proceeding to which the board is or may be a party, or when
the records do not relate to a matter in violation of law and are
deemed necessary for the protection of the character, reputation or
business of any person.
(c) Public records printed or reproduced by the board in quantity
shall be given to any person requesting the same and paying the
actual cost thereof. Photo copies of public records shall be made and

given by the superintendent to any person upon request and upon
payment of the actual cost thereof.
(d) Requests for public information, for permission to inspect
official records, or for copies of public records shall be handled
with due regard for the dispatch of other public duties. [Eff. AUG
22, 1983] (Auth: HRS §302A-1112) (Imp: HRS §§92-21, 302A-1112)
§8-1-5 Appearance before the board.
(a) An individual may appear in the individual's own behalf, a member
of a partnership may represent the partnership, a bona fide officer
of a corporation or association may represent the corporation or
association and an officer or employee of an agency of the State or a
political subdivision of the State may represent the agency in any
proceeding before the board.
(b) A person may be represented by or with counsel or other duly
qualified representative in any proceeding under chapters 8-1 to 8-4.
(c) When an individual acting in a representative capacity appears in
person or signs a paper in practice before the board, the
individual’s personal appearance or signature shall constitute a
representation to the board that under the provisions of chapters 8-1
to 8-4 and the law, the individual is authorized and qualified to
represent the particular person on whose behalf the individual acts.
The board at any time may require any person transacting business
with the board in a representative capacity to show the person's
authority and qualification to act in that capacity. [Eff. AUG 22,
1983] (Auth: HRS §302A-1112) (Imp: HRS §§91-9, 92-6, 302A-1112)