Haw. Code R. § 17-802.4-9 - Review of the decision
(a) 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.
(b) If the written
request for review is not received by the department or its designee as
required under section
17-802.4-9(a)(3),
the department or its designee shall deny the written request for review and
notify the applicant.
(c) 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.
(d) The department's
review of a decision by the designee submitted pursuant to subsection (c) 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.
(e) 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 (c) or (d); or
(2) An incorrect determination by the
department's designee that the applicant or application does not meet the
standards in section
17-802.4-3, the conditions in
section 17-802.4-4, or the requirements of
section 17-802.4-4.1.
(f) 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.
(g) An applicant may file a written request
for an administrative appeal, in accordance with the provisions set forth in
chapter 17-602.1, when the applicant disagrees with the department's decision
to deny the application.
(h)
Notwithstanding chapter 17-602.1, the written request for an administrative
appeal must be received by the department within seven calendar days from the
date the written notice of the department's decision was sent.
Notes
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