2022 Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
671. Medical Torts
671-11.5 Waiver of filing fee. (a) If any party to an inquiry cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail: (1) The party's inability to pay the filing fee; (2) The party's belief that the party is entitled to redress; and (3) A statement of the issues that the party intends to present at proceedings before a medical inquiry and conciliation panel. (b) The director shall decide on the motion to waive the filing fee as expeditiously as possible, and no oral arguments shall be permitted. (c) If the director grants the motion to waive the filing fee, the party may proceed without further application to the director or panel, and without payment of the filing fee. If the motion is denied, the director shall state the reasons for the denial in writing. The director shall promptly provide the party with a filed copy of the director's order granting or denying the motion. (d) If a motion to waive the filing fee is denied by the director, the party may seek judicial review under section 91-14. (e) If the director denies a party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the denial of the motion, unless the party has filed an appeal under section 91-14. If the party has filed an appeal under section 91-14, the party may proceed without payment of the filing fee, until the time that a final judicial determination is rendered. (f) If the party files an appeal under section 91-14, and the court upholds the director's denial of the aggrieved party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the court's affirmation of the denial. If the court determines that the party's motion for waiver of the filing fee was improperly denied, the party shall be entitled to proceed without payment of the filing fee. [L 1995, c 213, §1; am L 2012, c 296, pt
§671-11.5 Waiver of filing fee. (a) If any party to an inquiry cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail:
(1) The party's inability to pay the filing fee;
(2) The party's belief that the party is entitled to redress; and
(3) A statement of the issues that the party intends to present at proceedings before a medical inquiry and conciliation panel.
(b) The director shall decide on the motion to waive the filing fee as expeditiously as possible, and no oral arguments shall be permitted.
(c) If the director grants the motion to waive the filing fee, the party may proceed without further application to the director or panel, and without payment of the filing fee. If the motion is denied, the director shall state the reasons for the denial in writing. The director shall promptly provide the party with a filed copy of the director's order granting or denying the motion.
(d) If a motion to waive the filing fee is denied by the director, the party may seek judicial review under section 91-14.
(e) If the director denies a party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the denial of the motion, unless the party has filed an appeal under section 91-14. If the party has filed an appeal under section 91-14, the party may proceed without payment of the filing fee, until the time that a final judicial determination is rendered.
(f) If the party files an appeal under section 91-14, and the court upholds the director's denial of the aggrieved party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the court's affirmation of the denial. If the court determines that the party's motion for waiver of the filing fee was improperly denied, the party shall be entitled to proceed without payment of the filing fee. [L 1995, c 213, §1; am L 2012, c 296, pt of §4]
