Haw. Code R. § 13-1-67 - Proceedings after answer

(a) When a respondent in an answer waives contest to the violation notice and has complied with all sanctions assessed, the administrator shall record a satisfaction of the violation notice and conclude the case.

(b) An answer waiving contest but requesting mitigation shall be adjudicated in accordance with the following procedure:

(1) The administrator shall serve a copy of respondent's answer to the department within ten days of the receipt of respondent's answer.

(2) Upon the receipt of respondent's answer, the department shall have twenty days to file its statement of position, if any, and serve it upon all parties.

(3) The administrator shall assign a hearing officer to examine the mitigating circumstances and decide on the mitigation request.

(4) The hearing officer shall, at a time not later than thirty days after the filing of the department's statement of position or after the twenty-day period allowed for such filing, whichever is earlier, examine and decide on the mitigation request.

(5) The hearing officer shall make a decision without the holding of any hearing or the attendance of any parties or their representatives or any witness, and may rely on the evidence in the record in rendering the decision.

(6) The hearing officer's decision shall include findings of fact and conclusions of law as to the mitigating circumstances, and may Adopt, modify or reverse any sanctions contained in the violation notice.

(7) The administrator shall, within ten days of the hearing officer's decision, serve upon respondent a certified copy of the decision.

(8) A hearing officer's decision on a mitigation request shall be final. No further administrative or judicial review shall be allowed.

(9) When all sanctions imposed by the hearing officer have been complied with, the administrator shall record a satisfaction of decision and conclude the case.

(c) When a respondent's answer is timely filed and contests the violation notice, the administrator shall assign the case to a hearing officer who shall proceed to the conduct of a CRVS contested case hearing pursuant to subchapter 5 of this chapter, except as otherwise provided herein.

Notes

Haw. Code R. § 13-1-67

[Eff and comp 2/27/09] (Auth: HRS § 199D-1) (Imp: HRS § 199D-1)