Title 12, Chapter 44

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HAWAII ADMINISTRATIVE RULES
TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
SUBTITLE 7
BOARDS
CHAPTER 44
STATE FIRE COUNCIL
RULES OF PRACTICE AND PROCEDURES
Subchapter I General Provisions
§12-44-1 Procedure
§12-44-2 Definitions
Subchapter 2 Public Records and Information
§12-44-11 Public inspection
§12-44-12 Information
§12-44-13 Cost of public records
Subchapter 3 Adoption, Amendment, or Repeal of Rules
§12-44-21 Petition
§12-44-22 Form and content of petition
§12-44-23 Consideration of petition
§12-44-24 Notice of proposed rulemaking
§12-44-25 Conduct of hearing
§12-44-26 Action
Subchapter 4 Declaratory Ruling
§12-44-31 Petition
§12-44-32 Form and content of petition
§12-44-33 Non-issuance of declaratory order
§12-44-34 Consideration and disposition of petition
Subchapter 5 Appeals from Decisions of the State Fire
Council
12-44-41 Scope
12-44-42 Filing of appeal

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12-44-43 Statement of appeal
12-44-44 Contested case hearing before State Fire Council
12-44-45 Time and place of hearing and notice
12-44-46 Docket
12-44-47 Computation of time; extension of time
12-44-48 Documents
12-44-49 Deposition; application for
12-44-50 Depositions; person before whom taken, oath, examination
and cross-examination, record of examination, filing of
deposition
12-44-51 Use of depositions
12-44-52 Presiding officer; powers and duties
12-44-53 Reassignment of appeal
12-44-54 Conduct of hearing
12-44-55 Recommended decision
12-44-56 Proposed decision
12-44-57 Filing of exceptions; extension of time; finality of
proposed decision
12-44-58 Argument on exceptions
12-44-59 Final decision
Subchapter 6 Other Contested Case Hearings
12-44-71 Applicability of subchapter 1
12-44-72 Notice of hearing
12-44-73 Conduct of hearing
SUBCHAPTER 1
GENERAL PROVISIONS
§12-44-1 Procedure. This chapter governs the practice and
procedure before the state fire council of the State of Hawaii under
Chapter 132, Revised Statutes. [Eff. 6/6/86] (Auth: HRS §132-16)
(Imp: HRS §132-16)
§12-44-2 Definitions. As used in this chapter:
"Appellant" means a person appealing from an adverse finding or
decision of the council.
"Chairperson" means the chairperson of the council.
"Council" means the state fire council.
"Board" means county fire appeals board or fire appeal board
established by county ordinance to which the owner or occupant may
appeal from any order made by the county fire chief.
"Fire chief" means the fire chief of the county.

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"Hearing officer" means the chairperson or a hearing officer
designated by the state fire council to preside over the hearing of
an appeal governed by this chapter.
"Office" means the office of the council in Honolulu, Hawaii.
"Order" means a written order served by the fire chief or the
chief's representative upon the owner, occupant, or other person
responsible for a building or its premises setting forth the nature
of an alleged violation or condition, the law, ordinance, rule, or
order violated, and the protections, safeguards, or other means or
methods required to render the building or premises safe as required
by law, ordinance, or rule.
"Persons" includes individuals, partnerships, corporations,
associations, or public or private organizations of any character
other than governmental agencies. [Eff. 6/6/86] (Auth: HRS §132-16)
(Imp: HRS §132-16)
SUBCHAPTER 2
PUBLIC RECORDS AND INFORMATION
§12-44-11 Public inspection. All public records shall be
available for inspection at the office during regular business hours.
The attorney general shall determine which records may be withheld
from public inspection when those records pertain to the preparation
of the prosecution or defense of any action or proceeding in which
the council is or may be made 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. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-12 Information. Requests for information within the
jurisdiction of the council, except confidential information, shall
be made in person during regular business hours, or shall be made in
writing and handled with due regard for the proper dispatch of other
public duties. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-13 Cost of public records. Copies Of public records
shall be made available free of charge upon request to state and
county agencies, organizations representing public employees, federal
agencies, and other states. For all other persons, the price for a
copy shall be twenty five cents a sheet for each extract. [ Ef f JON
6 1986 1 (Auth: HRS S132-16) (Imp: HRS S132-16)
SUBCHAPTER 3

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ADOPTION, AMENDMENT, OR REPEAL OF RULES
§12-44-21 Petition. Any person may petition the council for
the adoption, amendment, or repeal of any of its rules. [Eff.
6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-22 Form and content of petition. The petitioner shall
submit three copies to the office. The petition need not be in any
special form but shall contain the following information:
(1) The petitioner's name and address, including zip code, and
telephone number;
(2) A statement of the nature of the petitioner's interest;
(3) An explicit statement of the reasons in support of the
proposed rule, amendment, or repeal;
(4) A draft or the substance of the proposed rule amendment,
or repeal and a designation of any existing rules affected
by the petition; and
(5) The signature of the petitioner. Any petition which does
not conform to the requirements of this section may be
rejected by the council. [Eff. 6/6/86] (Auth: HRS
§132-16) (Imp: HRS §132-16)
§12-44-23 Consideration of petition. Within thirty days after
the receipt of the petition, the council shall either deny the
petition, stating in writing its reasons for the denial, or initiate
proceedings for the adoption, amendment, or repeal of the rule.
[Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-24 Notice of proposed rulemaking. The procedures
established in section 91-3, HRS, shall apply. [Eff. 6/6/86] (Auth:
HRS §91-3) (Imp: HRS §91-3)
§12-44-25 Conduct of hearing. (a) The public hearing shall
be presided over by the council chairperson or a designated
representative, in the chairperson's absence. The hearing shall give
persons a reasonable opportunity to be heard on matters relevant to
the issues involved. The presiding officer may administer oaths or
affirmations and take all other actions necessary to the orderly
conduct of the hearing and the attainment of a clear and orderly
record.
(b) Each hearing shall be held at the time and place set in
the notice of hearing, but may be continued by the presiding officer
from day to day or be adjourned to a later date or to a different
place without notice other than the announcement thereof at the
hearing.

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(c) At the commencement of the hearing, the presiding officer
shall read the notice of hearing and shall then outline briefly the
procedure to be followed. Evidence shall then be received with
respect to the matters specified in the notice of hearing in such
order as the presiding officer shall prescribe.
(d) Before testifying, every witness shall state the witness's
name, address, and whom the witness represents at the hearing, and
shall give such other information respecting the witness' appearance
as the presiding officer may request. The presiding officer shall
confine the evidence to the questions before the hearing but shall
not apply the technical rules of evidence. Every witness shall be
subject to questioning by the council or by any other representative
of the council, but cross-examination by private persons shall not be
permitted unless the presiding officer expressly permits it.
(e) All interested persons and governmental agencies shall be
afforded an opportunity to submit data, views, or arguments which are
relevant to the matters specified in the notice of hearing. In
addition, or in lieu thereof, persons or agencies may also file with
the council a written protest or other comments or recommendations in
support of or in opposition to the proposed rule. Written protest,
comments, or recommendations or replies thereto shall not be accepted
unless an original and five copies are filed. The presiding officer
may extend for good cause the period for filing written protest,
comments, or recommendations beyond the hearing date.
(f) Unless otherwise specifically ordered by the council,
testimony given at the public hearing shall not be reported verbatim.
All supporting written statements, maps, charts, tabulations, or
similar data offered in evidence at the hearing, and which are deemed
by the presiding officer to be authentic and relevant, shall be
received in evidence and made a part of the record. Unless the
presiding officer finds that the furnishing of copies is
impracticable, six copies of the exhibits shall be submitted. [Eff.
6/6/86] (Auth: HRS §91-3) (Imp: HRS §91-3)
§12-44-26 Action. At the close of the final public hearing,
the council shall announce the date when its decision shall be made.
The council shall consider all relevant comments and material of
record before taking final action in its rulemaking proceeding.
[Eff. 6/6/86] (Auth: HRS §91-3) (Imp: HRS §91-3)
SUBCHAPTER 4
DECLARATORY RULING
§12-44-31 Petition. Any person may petition the council for a

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declaratory order as to the applicability of any statute administered
by the council or of any of its rules or orders. [Eff. 6/6/86]
(Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-32 Form and content of petition. The petitioner shall
submit three copies of the petition to the office. it need not be in
any special form but shall contain the following information:
(1) The petitioner's name and address, including zip code, and
telephone number;
(2) A statement of the nature of the petitioner's interest,
including the reasons for the submission of the petition;
(3) A designation of the specific statutory provision, rule,
or order in question;
(4) A complete statement of the relevant facts;
(5) A statement of the interpretation given the statutory
provision, rule, or order by the petitioner;
(6) A memorandum containing the reasons, including any legal
authorities, in support of the petitioner's
interpretation; and
(7) The petitioner's signature.
Any petition which does not conform to the requirements of this
section may be rejected by the council. The rejection shall be in
writing and shall state the reasons therefor. [Eff. 6/6/86] (Auth:
HRS §132-16) (Imp: HRS §132-16)
§12-44-33 Refusal to issue declaratory order. The council for
good cause may refuse to issue a declaratory order. Without limiting
the generality of the foregoing, the council may so refuse where:
(1) The question is speculative or purely hypothetical and
does not involve an existing situation or one which may
reasonably be expected to occur in the near future;
(2) The petitioner's interest is not of the type which would
give the petitioner standing to maintain an action if the
petitioner were to seek judicial relief;
(3) The issuance of the declaratory order may adversely affect
the interest of the State, the council, or any of the
officers or employees in any litigation which is pending
or may reasonably be expected to arise; or
(4) The petition requests a ruling on a statute not
administered by the council or the matter is not otherwise
within the jurisdiction of the council.
Where any question of law is involved, the council may refer
the matter to the attorney general. The council may also obtain the
assistance of other agencies, where necessary or desirable. [Eff.
6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)

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§12-44-34 Consideration and disposition of petition. The
council, within a reasonable time after the submission of a petition,
shall either deny the petition, stating the reasons therefor or issue
a declaratory ruling. Upon disposition of the petition, the
chairperson shall promptly notify the petitioner of the council's
ruling. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
SUBCHAPTER 5
APPEALS FROM DECISIONS OF
THE STATE FIRE COUNCIL
§12-44-41 Scope. This subchapter shall govern all appeals from
the findings or decisions of the council relating to any of its rules
or the law it administers. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp:
HRS §132-16)
§12-44-42 Filing of appeal. Any person may appeal from an
adverse decision of the council by filing a written statement of
appeal on a form prescribed by the council. The statement of appeal
shall be filed in the office of the council not later than sixty days
from the date of the adverse decision by the council. [Eff. 6/6/86]
(Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-43 Statement of appeal. (a) The statement of appeal
shall include the following information:
(1) The identity and description of the appellant. if the
appeal is made by an employee organization on behalf of a
member, the organization shall state that it has the right
to represent the members and shall submit proof of such
right at the hearing of the appeal; and
(2) The grounds for appeal, the specific issues involved, the
contentions of the appellant, and a description of the
evidence that the appellant intends to introduce in
support of those contentions.
(b) An incomplete statement of appeal may be returned to the
appellant with an explanation for the return. if returned, the
appellant shall have five working days in which to correct and refile
the statement. Any statement refiled within the five working day
period may be rejected if the statement is still incomplete and the
incompletion is material and substantial.
(c) Any statement of appeal which is returned and not corrected
and refiled within the period prescribed in subsection, (b) shall be
rejected. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)

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§12-44-44 Contested case hearing before the council or hearing
officer. When an appeal is perfected in accordance with this
subchapter, the appellant shall be afforded a contested case hearing
before the council or a hearing officer appointed by the council.
[Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-45 Time and place of hearing and notice. If the appeal
is to be heard by the council, it shall set the time and place of
hearing and the chairperson or designated representative shall give
written notice thereof to the appellant. Unless otherwise directed by
the council, when the hearing of an appeal is assigned to a hearing
officer, the hearing officer shall set the time and place of hearing
and give written notice thereof to the appellant. [Eff. 6/6/86]
(Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-46 Docket. The chairperson or designated representative
shall maintain a docket of all appeals and each appeal shall be
assigned a number. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS
§132-16)
§12-44-47 Computation of time; extension of time. (a) in
computing any period of time prescribed or allowed by this
subchapter, order of the council or by any applicable statute, the
day of the act, event, or default after which the designated period
of time is to run shall not to be included. The last day of the
period so computed shall be included unless it is a Saturday, Sunday,
or legal holiday, or a day or a part of a day on or for which the
governor has granted administrative leave in the State, in which
event the period runs until the next regular work day for the council
or the circuit courts, which is neither a Saturday, Sunday, nor a
holiday. intermediate Saturdays, Sundays, and holidays shall not be
included in a computation when the period of time prescribed or
allowed is ten days or less.
(b) Except for the time for the filing of exceptions covered by
section 12-44-59(b), whenever a person or agency is required or
allowed to act within a time specified by this subchapter, the state
fire council may
(1) With or without motion or notice extend the period if
request therefor is made before the expiration of the
specified period; or
(2) Upon motion, permit the act to be done after the
expiration of the specified period where the failure to
act was the result of excusable neglect. [Eff. 6/6/86]
(Auth: HRS §132-16) (Imp: HRS §132-16)

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§12-44-48 Documents. (a) if any document filed in a proceeding
governed by this subchapter is not in substantial conformity with the
applicable rules of the council, or is otherwise insufficient, the
council, on its own motion or on the motion of any party, may strike
the document or require its amendment. If amended the document shall
be effective as of the date of the original filing.
(b) All documents filed with or presented to the council may be
retained in the files of the council. The council may permit the
withdrawal of original documents upon submission of photostatic
copies or originals. [Eff. 6/6/86] Auth: HRS §132-16) (Imp: HRS
§132-16)
§12-44-49 Deposition; application for. (a) Upon the written
application of a party to a proceeding governed by this subchapter
and for good cause shown, the council or the hearing officer, at any
time after the filing of the statement of appeal, may order the
taking of testimony of a-witness by oral examination.
(b) The applicaton shall be made to the council or the hearing
officer and shall state the reasons why the deposition should be
taken, the time and place for taking the deposition, the name and
post office address of the witness, and the subject matter concerning
which the witness is expected to testify. if good cause is shown, an
order for the taking of the deposition containing the appropriate
instructions shall be made and served upon the parties. [Eff.
6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-50 Depositions; persons before whom taken, oath,
examination and cross-examination, record of examination, filing of
disposition. (a) The deposition shall be taken before an officer
authorized to administer oaths.
(b) The officer before whom the testimony is to be taken shall
put the witness on oath. The adverse party shall have the right to
cross-examine the witness. The questions propounded to the witness
and the answers thereto shall be taken stenographically and
transcribed.
(c) All objections made at the time of the examination shall be
noted by the officer upon the deposition. Evidence objected to shall
be taken subject to the objection. The officer taking the deposition
shall certify on the deposition that the witness was duly sworn and
that the deposition is a true record of the testimony given by the
witness and shall forward the deposition with two copies thereof in a
sealed envelope, endorsed with the title of the proceeding, to the
council's office. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS
§132-16)

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§12-44-51 Use of depositions. (a) A deposition ordered and
taken in accordance wi-th section 12-44-49 may be used in a
proceeding if the presiding officer finds that the evidence is
otherwise admissible and;
(1) The witness is dead;
(2) The witness is out of the State, unless it appears that
the absence of the witness is procured by the party
offering the deposition;
(3) The witness is unable to attend or testify because of age,
sickness, infirmity, or imprisonment;
(4) The party offering the deposition has endeavored and has
been unable to procure the attendance of the witness by
subpoena; or
(5) Upon application and notice, that those exceptional
circumstances exist as to make it desirable to allow the
deposition to be made in the interest of justice and with
due regard to the importance of presenting the testimony
orally before the council or hearing officer.
(b) if any part of the deposition is put in evidence by a
party, any other party may require the production of the remainder or
any other portions of the deposition. [Eff. 6/6/86] (Auth: HRS
§132-16) (Imp: HRS §132-16)
§12-44-52 Presiding officer; powers and duties. (a) The
chairperson, or any other member of the council designated by the
chairperson, or a hearing officer designated by the council shall
preside at all hearings on appeals governed by this subchapter.
(b) When the presiding officer is a hearing officer, the
hearing officer shall have the following powers and duties:
(1) Determine the time and place of hearing and, in the
hearing officer's discretion or at the request of a party,
continue or postpone any hearing;
(2) Regulate the course and conduct of the hearing;
(3) Administer oaths and affirmations;
(4) Examine witnesses;
(5) Issue subpoenas;
(6) Rule on offers of proof and receive evidence;
(7) Hold conferences, before or during the hearing, for the
settlement or simplification of issues;
(8) Rule on motions and dispose of procedural requests or
similar matters;
(9) Recommend a decision to the council;
(10) Dispose of any matter that normally and properly arises
before or in the course of the hearing; and
(11) Take any other action authorized by this subchapter or by

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law that the hearing officer may deem necessary for the
orderly and just conduct of the hearing.
(c) When the appeal is heard by the council, the presiding
officer shall have all of the powers and duties in subsection (b)
except recommending a decision. [Eff. 6/6/86] (Auth: HRS §132-16)
(Imp: HRS §132-16)
§12-44-53 Reassignment of appeal. If for any reason the
hearing officer designated for the hearing of an appeal is unable to
complete the hearing, the council may assign the appeal to another
hearing officer without abatement of the proceedings. [Eff. 6/6/86]
(Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-54 Conduct of hearing. (a) The presiding officer shall
convene the hearing and summarize the statement of appeal.
(b) Before presenting the case, the appellant shall have the
opportunity to make an opening statement. The deputy attorney general
assigned to the council shall also have the opportunity to make an
opening statement then or after the appellant has presented the
appellant's case. opening statements may be waived by either party.
(c) Witnesses shall testify in the following order:
(1) Witnesses for the appellant;
(2) Witnesses called by the deputy attorney general;
(3) Witnesses for the appellant in rebuttal;
(4) Witnesses called by the deputy attorney general in
rebuttal;
(5) Additional witnesses as the presiding officer may deem
necessary.
(d) Each witness shall be examined in the following order:
(1) Direct examination by the party calling the witnesses;
(2) Cross examination by the other party;
(3) Redirect examination by the party calling the witness;
(4) Recross examination by the other party;
(5) Examination by the presiding officer or any member of the
council.
(e) After the presentation of evidence is concluded, unless
the appeal is submitted by either party or both parties without
argument, the appellant shall make a closing argument followed by
argument by the deputy attorney general. The appellant may then
present rebuttal argument which shall be limited to countering any
matter or argument presented by the deputy attorney general.
Reasonable time limits may be imposed by the presiding officer for
argument. Argument may be waived by either party.
(f) The presiding officer, within such time limits as the
presiding officer may impose, may permit the parties to submit

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written memoranda in support of their respective positions and
proposed findings of fact. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp:
HRS §132-16)
§12-44-55 Recommended decision. When an appeal is heard by a
hearing officer, the hearing officer, within sixty days after the
close of the reception of evidence or the filing of any memoranda or
proposed findings permitted by the hearing officer, shall make and
file with the council a recommended decision which shall include
recommended findings of fact and conclusions of law. If any party has
been permitted to file proposed findings of fact, the hearing officer
shall incorporate in the recommended decision a ruling on each
proposed finding so presented. [Eff. 6/6/86] (Auth: HRS §S132-16)
(Imp: HRS §132-16)
§12-44-56 Proposed decision. Upon receipt of the recommended
decision, the council may accept it as its proposed decision, or may
remand it to the hearing officer for any clarification or correction,
or may modify it and issue its own draft of a proposed decision. A
copy of the proposed decision shall be served upon each party. [Eff.
6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-57 Filing of exceptions; extension of time; finality of
proposed decision. (a) Within fifteen days after the mailing of a
copy of the council's proposed decision, any party may file with the
council exceptions to any part thereof and request review by the
council. Each exception shall specify the portion of the record and
authorities relied on to sustain each point. Eight copies of the
exceptions and request for review shall be filed with the council. in
addition, a copy of the exceptions and request for review shall be
served upon each of the parties who was served with a copy of the
proposed decision.
(b) Any party may apply for an extension of time within which
to file exceptions to the proposed decision by filing two copies of a
written applicaton setting forth the reasons for the request. The
application shall be filed before the expiration of the period
prescribed for the filing of exceptions. Upon good cause shown, the
council, or any member of the council, may extend the time for filing
exceptions for an additional period not to exceed fifteen days.
(c) If no exceptions and request for review are filed within
the time specified, the proposed decision shall become final, unless
the council on its own motion orders further proceedings to be held.
[Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-58 Argument on exceptions. Upon the filing of

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exceptions by a party adversely affected by the proposed decision,
the council shall grant that party an opportunity to present
arguments to the council. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp:
HRS §132-16)
§12-44-59 Final decision. (a) Where exceptions have been filed
to the council's proposed decision, the council shall render its
final decision within sixty days after hearing the exceptions. in
rendering its final decision, the council shall consider the whole
record or such portions thereof as may be cited by the parties, and
shall resolve all questons of fact by what it deems to be the greater
weight of the evidence thereon. The final decision shall contain
findings of fact and conclusions of law upon which the decision is
based.
(b) Where the council has heard and examined all of the
evidence, the council, within sixty days after the reception of the
evidence, or filing of any memoranda or proposed findings permitted
to be filed by any party, shall render its final decision which shall
contain findings of fact and conclusions of law upon which the
decision is based. If any party has been permitted to file proposed
findings of fact, the final decision shall incorporate a ruling on
each proposed finding so presented. [Eff. 6/6/86] (Auth: HRS
§132-16) (Imp: HRS §132-16)
SUBCHAPTER 6
OTHER CONTESTED CASE HEARINGS
12-44-71 Applicability of subchapter 6. Except as otherwise
provided in this subchapter, this subchapter shall apply to all other
contested case hearings. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS
§132-16)
§12-44-72 Notice of hearing. Notice of hearing shall be given
by the chairperson or by the hearing officer, if the latter hears the
case, conforming to the requirements of sections 91-9 and 91-9.5,
HRS. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-73 Conduct of hearing. (a) The presiding officer of the
hearing shall convene the hearing, briefly state the nature of the
case, and make a determination as to which party has the burden of
proof. The determimation shall be made in accordance with section
91-10, HRS. Except as otherwise provided by law, the party initiating
the proceeding shall have the burden of proof, including the burden
of producing evidence and the burden of persuasion.

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(b) The party having the burden of proof shall proceed first in
the presentation of opening statements,, witnesses, and argument.
(Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)