Haw. Code R. § 12-24-15 - Disposition of recommended decision

(a) Any party may within twenty days after receipt of a copy of the hearing officer's decision file with the director exceptions to the decision or any part thereof and request a review by the director. The party shall specify for each exception the portions of the record and the authorities relied on to sustain each point. Any exception not specifying the portions of the record or the authorities relied upon shall be dismissed by the director. The exceptions and request for review with two copies shall be filed by personal delivery or by certified mail, return receipt requested, addressed to the department's Wage Standards Division, 830 Punchbowl Street, Room 340, Honolulu, Hawaii 96813, or to the department's district office in the county where the original complaint was filed. In addition, a copy of the exception and request for review shall be served by the party making the exception upon each of the other parties who were served with a copy of the hearing officer's recommended decision.

(b) If no exceptions and requests for review are filed within the time specified, the recommended decision of the hearing officer shall become final upon approval of the director, unless the director orders a review.

(c) Upon filing of exceptions by a party adversely affected by the recommended decision, the director may consider the whole record or portions thereof as cited by the party and may grant the parties an opportunity to present argument. The director shall then make a final decision stating the reasons or basis therefor and enter an appropriate order.

(d) The hearing officer's findings of fact shall not be set aside by the director unless clearly contrary to the weight of evidence.

Notes

Haw. Code R. § 12-24-15

[Eff. SEP. 11, 1981] (Auth: HRS § 378-38) (Imp: HRS §§ 91-11, 91-12, 378-38)