Haw. Code R. § 11-1-42 - Proposed and final decisions; exceptions and argument

(a) A hearings officer, other than the director or attached entity, shall:

(1) Render and serve on the parties or their attorneys a certified copy of the hearings officer's proposed decision and order, findings of fact, and conclusions of law (collectively, "proposal") within thirty days after the end of the hearing or the parties' submission of the parties' proposals, whichever is later. The director or attached entity may extend this time if the hearings officer shows good cause in writing; and

(2) Set a time limit for any party adversely affected by the hearings officer's proposal to file and serve specific exceptions to the proposal, designation of parts of the record to consider, and a request for argument before the director or attached entity who will make the final decision. The hearings officer shall consider the time necessary for any transcription of the record when setting time limits.

(b) Exceptions or objections to the proposal shall be in writing and shall state, with particularity, the specific finding, conclusion, decision or order being challenged and the reasons why the proposal, or any portion thereof, is erroneous or not warranted based upon the evidence presented at the hearing or the law and shall identify the parts of the record which support the exception or objection.

(c) When the hearings officer is not the final decision maker, the final decision maker:

(1) Shall consider any exceptions that a party files,

(2) Shall consider the whole hearing record or those parts that the parties designate,

(3) Shall hear any argument that has been requested, and

(4) Should issue a final decision, order, findings of fact, and conclusions of law within thirty days after the hearings officer files the officer's proposal or the parties file exceptions and present argument, whichever is later.

(d) When the hearings officer is also the final decision maker, the final decision maker should issue final decisions, orders, findings of fact, and conclusions of law within thirty days after the end of the hearing or the parties' filing of proposed findings, conclusions, decision, and order, whichever is later.

(e) All final decisions, orders, findings of fact, conclusions of law, opinions, or rulings issued at the conclusion of a contested case shall be served upon the parties in the hearing by mailing a certified copy within a reasonable time to each party or to the party's attorney of record.

Notes

Haw. Code R. § 11-1-42

[Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9) (Imp: HRS §§ 91-2, 91-12)