Haw. Code R. § 12-43-37 - Proposed decision or order, exceptions

(a) When a hearings officer or a board member rendering a final decision has not heard and examined all of the evidence, a final decision shall not be made until a proposal for decision containing a statement of reasons and including determination of each issue of fact or law necessary to the proposed decision has been served upon the parties.

(b) Within the time specified by the board, an adversely affected party may file exceptions to the whole or part of the proposed decision, order, or preliminary ruling and may include a request for an opportunity to present oral argument before the hearings officer or the board. A copy of the exceptions shall be served by the party so excepting upon each party to the proceeding.

(c) The exceptions shall:

(1) Set forth specifically the questions of procedure, fact, law, or policy to which exceptions are taken;

(2) Identify that part of the proposed decision, order, or preliminary ruling to which exceptions are made;

(3) Designate by citation the portions of the record relied upon;

(4) Cite any authorities relied upon; and

(5) State all grounds and reasons for exceptions to a ruling, finding, conclusion, or proposal. Grounds not cited or specifically urged are waived.

(d) Any party may file with the hearings officer or board a statement in support of the proposed decision, order, or preliminary ruling within five days after service of another party's exceptions. A statement in support shall be served on each party.

(e) When exceptions have been timely filed and a party has requested the opportunity to present oral argument, all parties to the proceeding shall be afforded the opportunity to present oral argument to the board concerning the proposed decision, order, or preliminary ruling. All parties shall be served with notice of the time and place of the argument at least five days before the argument. Within a reasonable time after the argument has been heard, the board shall issue a final decision or order, either adopting, modifying, or reversing, in whole or in part, the proposed decision or order.

(f) When no written exceptions have been filed within the time limitation set forth above, the board shall issue a final decision or order, either adopting, modifying, or reversing, in whole or in part, the proposed decision or order. The board shall state specifically in the final decision and order the reasons for any modification or reversal of the recommended decision or order.

(g) This section shall not apply to the board's rulemaking functions.

Notes

Haw. Code R. § 12-43-37

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-5, 89-14, 91-11, 377-9, 396-11.5)