Haw. Code R. § 11-271-127 - Recommendations of the hearing officer and final decision

(a) Filing and contents. The hearing officer shall issue his or her written recommendations to the director as soon as practicable after the period for filing proposed findings of fact, conclusions of law, and proposed order under section 11-271-126 has expired. The hearing officer shall retain a copy of the complaint in the duplicate file. The recommendations shall contain his or her findings of fact, conclusions regarding all material issues of law or discretion, as well as reasons therefor, and, if appropriate, a civil penalty assessment and other terms and conditions. If any party to the proceeding has filed proposed findings of fact, the hearing officer shall incorporate in his or her recommendations a ruling upon each proposed finding so presented.

(b) Amount of civil penalty. If the hearing officer determines that a violation has occurred, the hearing officer shall recommend the dollar amount of the civil penalty to be assessed in the final decision in accordance with any criteria set forth in chapter 342J, HRS relating to the proper amount of a civil penalty, and must consider any civil penalty guidelines of the department. If the hearing officer proposes a penalty different in amount from the penalty recommended to be assessed in the complaint, the hearing officer shall set forth in his or her recommendations the specific reasons for the increase or decrease. The hearing officer shall not raise a penalty from that recommended to be assessed in the complaint if the respondent has defaulted.

(c) Payment of a civil penalty. The respondent shall pay the full amount of the civil penalty assessed in the final decision within thirty days after receipt of the final decision unless otherwise specified in the final decision. Payment shall be made by forwarding to the hearing officer clerk a cashier's check or certified check in the amount of the penalty assessed in the final decision, payable to the "Director of Health, State of Hawaii."

(d) All terms and conditions of a final decision not related to the payment of a civil penalty shall become effective upon service of the final decision, unless a different effective date is specified in the final decision.

Notes

Haw. Code R. § 11-271-127

[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: None)