Haw. Code R. § 11-186-59 - Dismissal without prejudice
(a) Without
reaching a decision on the merits of the application, the agency may dismiss
the application for any of the following reasons:
(1) Failure of the applicant to complete the
application within the time prescribed in section
11-186-30;
(2) Failure of the applicant to pursue the
application;
(3) Failure of the
applicant to respond to written agency correspondence addressed to the
applicant;
(4) Failure of the
applicant to provide any additional information requested by the agency within
the time prescribed in section
11-186-54;
(5) An amendment to the applicant, if the
amendment meets the criteria prescribed in section
11-186-57;
or
(6) Prohibited conduct by the
applicant pursuant to section
11-186-58.
(b) Before dismissing the
application, the agency shall provide the applicant with written notice and an
opportunity of ten days in which to respond, during which the period for agency
review of the application shall not run.
(c) If the agency dismisses the application,
the agency shall explain in the record the reason or reasons for the dismissal
and shall furnish the applicant with a copy of the explanation.
(d) Except as provided in section
11-186-10,
dismissal of an application for any of the reasons in subsection (a) of this
section shall be without prejudice to the applicant's right to refile the
application or to file an amended application.
Notes
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