Haw. Code R. § 11-186-70 - Decision on the merits
(a) Unless the
application for a certificate of need has been withdrawn or dismissed, the
agency shall file a decision on the merits of the application within the
required time The decision shall be in writing and shall include findings of
fact and conclusions of law.
(b) On
the date that the agency files its decision, the agency shall send the decision
to the applicant by certified mail, return receipt requested, and deliver to
addressee only. The agency shall send or make available the decision to any
other person upon the person's written request.
(c) The decision on the merits of an
application, other than an emergency application for a certificate of need, is
not a final decision of the agency when it is filed. The decision shall become
final after there is an opportunity for any person to request a public hearing
for reconsideration of the decision pursuant to section
11-186-82.
(d) When the agency sends or makes available
the decision to any person, a written notice shall accompany the decision. The
written notice shall state that the decision is not a final decision of the
agency when it is filed; that any person may request a public hearing for
reconsideration of the decision pursuant to section
11-186-82;
that the decision shall become final if no person makes a timely request for a
public hearing for a reconsideration of the decision; that if there is a timely
request for a public hearing for reconsideration of the decision and after the
agency's final action on the reconsideration, the decision shall become final.
Notes
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