Haw. Code R. § 11-186-82 - Request: for reconsideration
(a) Any person may,
for good cause shown, request in writing a public hearing before a
reconsideration committee for reconsideration of the agency's decision on the
merits filed in section
11-186-70.
The request shall be in writing and shall include a statement of the nature of
the person's interest and a statement of the reasons why the person believes
that good cause exists for a public hearing for reconsideration of the
decision. The request shall be filed with the committee within ten working days
of the decision. The committee shall deny any request for a public hearing for
reconsideration that is not timely filed, that fails to show good cause for a
public hearing for reconsideration, or that is frivolous.
(b) A request for a public hearing shall be
deemed by the committee to have shown good cause, if:
(1) It presents significant relevant
information not previously considered by the agency which, with reasonable
diligence, could not have been presented before the agency made its
decision;
(2) It demonstrates that
there have been significant changes in factors or circumstances relied upon by
the agency in reaching its decision;
(3) It demonstrates that the agency has
materially failed to follow the agency's rules in reaching its
decision;
(4) It provides any other
basis for a public hearing which the agency determines constitutes good cause;
or
(5) The decision of the
administrator differs from the recommendation of the statewide
council.
(c) If the
request for a public hearing for reconsideration is denied, the committee shall
file a written explanation for the denial and shall send it to the person who
made the request by certified mail, return receipt requested, and deliver to
addressee only. The explanation shall include a written notice stating that:
(1) The denial is the agency's final action
on the reconsideration; and
(2) The
decision which was sought to be reconsidered is the final decision of the
agency.
(d) If good
cause has been shown to exist, the committee shall schedule a public hearing
for reconsideration of the decision. To the extent practicable, the public
hearing shall be held within thirty days after good cause has been shown to
exist. Prior to the hearing, the agency shall provide written notice of the
hearing to the person who made the request, the parties to the hearing, and to
any other persons upon written request. The committee shall file a decision on
the reconsideration within forty-five days after the conclusion of the hearing.
The committee shall send the decision to the parties to the hearing and the
person who requested the hearing by certified mail, return receipt requested,
and deliver to addressee only. The committee shall send the decision to any
other persons upon written request. A written notice shall accompany the
decision. The written notice shall state that:
(1) The decision is the agency's final action
on the reconsideration; and
(2) The
decision is the final decision of the agency.
(e) The number of members necessary to
constitute a quorum to do business shall consist of a majority of all members.
When a quorum is in attendance, the concurrence of the majority of the members
in attendance shall make any action of the committee valid.
Notes
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