Haw. Code R. § 12-53-24 - Summary decision

(a) Where no genuine issue of a material fact is found to have been raised, the hearing examiner may issue an initial decision to become final twenty days after service unless within the period of time any party has filed written exceptions to the decision. If any timely exception is filed, the hearing examiner shall fix a time for filing any objections to the exception and any supporting reasons. The director, after consideration of the exceptions and any supporting briefs filed and of any objections to the exceptions and any supporting reasons, may issue a final decision.

(b) An initial decision and a final decision made pursuant to subsection (a) above shall include a statement of:

(1) Findings and conclusions, and the reasons or basis on all issues presented; and

(2) The terms and conditions of the rule or order made.

(c) A copy of an initial decision and a final decision under this section shall be served on each party.

(d) Where a genuine material question of fact is raised, the hearing examiner shall set the case for an evidentiary hearing in accordance with subchapter 3 of this chapter.

Notes

Haw. Code R. § 12-53-24

[Eff. 7/12/82; am 8/15/87] (Auth: HRS § 396-4) (Imp: HRS § 396-4)