Haw. Sup. Ct. R. 10.5

(a) Application. The claimant shall prepare or cause to be prepared an application for reimbursement containing the following information:

(1) The name and address of the attorney;

(2) The amount of the loss claimed;

(3) The date or period of time during which the alleged loss was incurred;

(4) Name and address of the claimant;

(5) A general statement of facts relative to the claim;

(6) Verification by the claimant;

(7) Other information which the trustees require.

(b) Investigation. The trustees shall conduct an investigation to determine whether the claim is for a reimbursable loss and to guide the trustees in determining the extent, if any, to which reimbursement shall be paid. A copy of the application shall be personally served upon the attorney or sent by certified mail to the attorney’s last known address as shown on the attorney’s registration statement on file with the Disciplinary Board of the Hawaiʻi Supreme Court ("Disciplinary Board"). When the claim is for a nonreimbursable loss, or otherwise barred, no further investigation need be conducted.

(c) Report. Reports on investigations shall be submitted to the chairperson within a reasonable time.

(d) Action by trustees upon report. The trustees may approve, reject or modify the reimbursement, or order further investigation as they deem necessary. Any trustee may request that testimony or documentary information be presented. Absent such recommendation or request, claims shall be processed on the basis of information contained in the report. The alleged defalcating attorney or the attorney’s personal representative will be given an opportunity to be heard by the trustees.

(e) Notice of determination. Written notice of the trustees’ determination shall be provided the claimant and the attorney whose alleged conduct gave rise to the claim, or their representatives. The claimant and the attorney whose alleged conduct gave rise to the claim may request that the trustees reconsider the determination by filing a written request to the Fund no later than 20 days following receipt of the trustees’ determination. The request shall be supported by written reasons for being given an opportunity to be heard by the trustees. If such a request for reconsideration is timely made, the trustees shall set a date, time and place for hearing. The trustees, in their discretion, may limit the scope of any such hearing and the trustees shall not order any reimbursement from the Fund until after the requested hearing has been concluded. If the claimant or the attorney whose alleged conduct gave rise to the claim failed to request reconsideration, or the original determination of the trustees is confirmed, the trustees’ determination shall be final.

(Added July 29, 1981, effective July 29, 1981; renumbered September 1984; amended May 5, 1988, effective May 5, 1988; further amended February 7, 1992, effective February 7, 1992.)