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Hawaii Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Hawaii on
Q: No title vehicle. Want to buy

I want to buy a vehicle but it has no title and the last registered owner can't be reached. What do i do to get a title under my name?

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Hawaii attorney could advise best, but your question remains open for a week. This isn't really a product liability question (the category you chose for the post) - that category is more about injuries from defective products. But that's not important - with the title issue, you could... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Hawaii on
Q: Seeking procedure for serving summons and complaint in Hawaii to state departments.

Aloha Lawyers, I need assistance with the procedure for serving a summons and complaint in Hawaii, particularly to the Department of Accounting and General Services and the Department of Human Services, Employee Claim Division. Rule 4(d)(5) mentions serving the state and delivering copies to the... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Hawaii, when serving a summons and complaint to state departments like the Department of Accounting and General Services (DAGS) or the Department of Human Services (DHS), Rule 4(d)(5) of the Hawaii Rules of Civil Procedure outlines the proper procedure. According to the rule, you need to serve... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Hawaii on
Q: How to serve a complaint to Hawaii's DAGS and DHS?

Aloha Lawyers, thank you for your generosity and time. I am seeking assistance with the procedure for serving a summons and complaint in Hawaii, specifically to the Department of Accounting and General Services and the Department of Human Services, Employee Claim Division. The rule 4 (d) (5)... View More

James L. Arrasmith
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answered on Apr 13, 2025

To serve a summons and complaint to the Department of Accounting and General Services (DAGS) and the Department of Human Services (DHS) in Hawaii, you must follow the process outlined under Rule 4(d)(5) of the Hawaii Rules of Civil Procedure. This rule requires you to serve the complaint and... View More

1 Answer | Asked in Gov & Administrative Law for Hawaii on
Q: What are the drone laws in Hawaii for sub-250 gram recreational drones?

I have a sub-250 gram drone that I plan to use for filming for fun in Hawaii. What are the local and state laws regarding the operation of such drones, specifically concerning recreational use?

James L. Arrasmith
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answered on Apr 13, 2025

Flying your sub-250 gram drone recreationally in Hawaii is subject to both federal and state regulations. According to federal law, drones weighing less than 250 grams (0.55 pounds) are exempt from FAA registration. citeturn0search2 However, you must still adhere to operational guidelines,... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Hawaii on
Q: Can a former employee collect part of a fine for reporting DOT violations?

As a former employee with knowledge of many Department of Transportation violations, can I collect part of a fine for reporting these violations, even if I haven't reported them yet and no fines have been assessed?

James L. Arrasmith
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answered on Apr 13, 2025

You cannot collect a portion of a fine for reporting Department of Transportation (DOT) violations unless the fine is actually assessed and the violation leads to enforcement action. Simply knowing about violations doesn't qualify you for a reward unless you actively report them and the... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Gov & Administrative Law for Hawaii on
Q: Could denying an RA request be considered a form of retaliation for filing an EEO complaint?
James L. Arrasmith
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answered on Apr 12, 2025

Yes, denying a reasonable accommodation (RA) request after you've filed an Equal Employment Opportunity (EEO) complaint could potentially be seen as retaliation, especially if the request is tied to your ability to perform your job. Under the law, employers are prohibited from retaliating... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Federal Crimes for Hawaii on
Q: What authority does a new jurisdiction court have to change supervised release conditions without violations?

I am inquiring about the legal authority of a federal court in a new jurisdiction to modify the original conditions of supervised release for an individual who has transferred jurisdictions, without any evidence or allegations of a violation. Specifically, what powers does the new court have under... View More

James L. Arrasmith
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answered on Mar 23, 2025

When you transfer to a new federal jurisdiction while on supervised release, the receiving court gains significant authority under 18 U.S.C. § 3605, which transfers "all powers" previously held by the original court. This includes the power to modify your release conditions even without... View More

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Hawaii on
Q: What happens to me when I get kicked out from a program?
Tim Akpinar
Tim Akpinar
answered on Sep 20, 2024

A Hawaii attorney could advise best, but your question remains open for a month. It could depend on the program, their rules, applicable laws, and the conduct and circumstances that led to expulsion from the program. Good luck

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Hawaii on
Q: Does a Federal crime override a state crime?

A TRO is in place on one property for 2 family members my father and his son the judge ordered both families to stay in their living areas one family has the front and the other family take the back. Both families share one common area for driving and that leads to front and back of house. The... View More

Mark Simonds
Mark Simonds
answered on Dec 11, 2021

I am so sorry what your ohana is going through, especially around the holidays. Your father relied on the representation of a government official, to his detriment. If he is charged with a violation of the Order for Protection, he may have a defense if the offense was; 1) de minimis; or 2) he did... View More

1 Answer | Asked in Gov & Administrative Law for Hawaii on
Q: If my tire was damaged while on Federal government property, can I get reimbursed for the cost of the tire?

As I was leaving the parking lot, I hit a broken handicap sign which was protruding approximately 6 inches from the pavement which I did not see.

Mark Simonds
Mark Simonds
answered on Nov 10, 2021

Aloha, I would try to reach out to the entity upon whose premises your vehicle was damaged. For relatively small claims, such as a tire, the National Park Service, for example, will require you to complete a form asking for details if the incident. Typically, these kinds of claims are usually... View More

1 Answer | Asked in Adoption, Civil Rights and Gov & Administrative Law for Hawaii on
Q: For married co-plaintiffs, can he proceed pro se to represent himself while she hires an attorney to represent herself?

We are both suing the Hawaii Department of Human Services and some of its employees in federal court. He wants to give opening and closing statements and cross examinations but she wants an attorney to do it. We also both have differing litigation strategies. Can we have the best of both worlds and... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

I suggest you delete your case reference.

The individuals should both use an attorney, but if for some reason that is not possible, Federal Courts allow pro se appearances. You may, if applicable, want to fill out the forms to proceed in forma pauperis, which waives most fees.

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