Haw. Code R. § 17-802.3-9 - Review of the decision

(a) Decisions by the department under this section are final and may not be appealed.

(b) A denial of an application by the department's designee may be submitted for review upon written request of the applicant. The written request for review shall:

(1) Specify the applicant's request for a review;

(2) Specify the reason(s) why the applicant does not agree with the denial; and

(3) Be received by the department or its designee within fifteen calendar days of the date the notice of denial was sent.

(c) If the written request for review is not received by the department or its designee as required under section 17-802.3-9(b)(3), the department or its designee shall deny the written request for review notify the applicant.

(d) Upon timely request for review, the department's designee shall first review its own determination and, if the result is the same, shall then send the request for review with the application and any supporting documents, to the department, along with a written statement explaining the reason for the designee's decision.

(e) The department's review of a decision by the designee submitted pursuant to subsection (d) shall be conducted without a hearing, based on the application and any supporting documents submitted by the applicant and the statement of the designee; provided that the department may request additional information or records from the department's designee or the applicant, and may interview the applicant or the department's designee, at the department's discretion.

(f) A denial may only be reversed based on:

(1) Missing or insufficient information provided in the application is provided to the department or the department's designee as requested in accordance with subsections (d) or (e); or

(2) An incorrect determination by the department's designee that the applicant or application does not meet the conditions required under this chapter.

(g) The department or the department's designee shall provide written notice to the applicant of the department's decision with a short statement of the reason for the decision.

Notes

Haw. Code R. § 17-802.3-9

[Eff 3/4/2022] (Auth: HRS § 91-3, § 91-4, 2020 Haw. Sess. Laws 9, Part XII, §§ 27-28; HRS § 346-14) (Imp: 2020 Haw. Sess. Laws 9, Part XII, §§ 27-28; HRS § 346-14)