Haw. Code R. § 13-1-69 - Final decision making procedure when power delegated

(a) Notwithstanding provisions in subchapter 6, the procedure provided in this section shall apply when the final decision power is delegated to the chairperson or a hearing officer pursuant to section 13-1-58 of this subchapter.

(b) After all evidence has been taken, the parties may submit, within the time set by the chairperson or hearing officer, a proposed decision and order which shall include proposed findings of fact and conclusions of law.

(c) Within the time established by law, if any, or within a reasonable time after the parties have had an opportunity to file objections, if applicable, to file briefs and to present oral argument as may have been permitted, the chairperson or hearing officer shall render its findings of fact, conclusions of law, and decision and order.

(d) Every decision and order adverse to a party to the proceeding, rendered by the chairperson or a hearing officer, shall be in writing or stated in the record, and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed findings of fact, a separate ruling on each shall be incorporated in the decision rendered by the chairperson or hearing officer.

(e) Decisions and orders shall be served by mailing certified copies thereof to each party at the party's address of record or by personal delivery of a certified copy. When a party to a contested case has appeared by a representative or by counsel, service upon the representative or counsel shall be deemed to be service upon the party.

Notes

Haw. Code R. § 13-1-69

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