Haw. Code R. § 11-160-51 - Request for reconsideration

(a) A person aggrieved by a decision made pursuant to section 11-160-21, 11-160-38, 11-160-43.04, or 11-160-43.11 may request a reconsideration of the action.

(b) A request for reconsideration shall be submitted to the department within five working days from the date of notification; provided that for the purposes of this subsection, "date of notification" shall mean the date the department sent an electronic mail to the aggrieved person or three days after the department mailed a letter to the aggrieved person.

(c) A request for reconsideration shall include an explanation of why the aggrieved person believes the action was improper and shall include all arguments, authorities, factors, affidavits, exhibits, and any other matter which the aggrieved person may deem relevant.

(d) The director shall issue a written final decision to the aggrieved person within fifteen working days of the receipt of a request for reconsideration, unless the director determines that an extension is necessary and provides written notice of the extended deadline to the aggrieved person.

(e) The director's final decision shall, at a minimum, contain the decision of whether to uphold the action and a detailed statement of the reasons for the final decision, including factual findings.

(f) A request for reconsideration shall not operate as a stay of the decision made pursuant to sections 11-160-21, 11-160-38, 11-160-43,04, or 11-160-43.11.

(g) A final decision by the director on a request for reconsideration is a final agency action, of which jurisdiction and venue for judicial review are vested in the Hawaii circuit court.

Notes

Haw. Code R. § 11-160-51

Eff 7/18/2015 (Auth: § 321-9) (Imp: § 329-123) Eff and comp 2/25/2019 (Imp: HRS § 329-123.5)