Haw. Code R. § 20-10-16 - Final decisionmaking for the university in a contested case hearing

(a) Since the administrative hearing is not presided over by the president or the president's designee but rather delegated to a hearing officer, and the president or the president's designee would not have heard and examined all of the evidence, the final decision for the university shall not be made by the president or the president's designee until the hearing officer's proposed decision containing a statement of reasons and including a determination of each issue of fact or law necessary to the proposed decision has been served upon the debtor and the claimant.

(b) If the debtor is adversely affected by the proposed decision, the debtor shall be afforded an opportunity to file exceptions to the proposed decision and to present written and oral arguments to the president or the president's designee. The exceptions shall be in writing and filed with the president or the president's designee not more than fifteen days from the date of the proposed decision. The president or the president's designee shall provide the aggrieved debtor with an opportunity to present oral arguments at an adjudicatory meeting with the president or the president's designee.

(c) In rendering the final decision for the university, the president or the president's designee shall personally consider the whole record of the contested case or the portions thereof as may be cited by the parties. No matters outside the record shall be considered by the president or the president's designee in making a decision, except as provided in this chapter.

(d) Every decision and order rendered by the president or the president's designee shall be in writing and shall be accompanied by separate findings of fact and conclusions of law.

(e) Both the debtor and the claimant shall be notified of the president's or the president's designee's final decision by delivering or mailing a copy of the president's or the president's designee's final decision and order and accompanying findings and conclusions to each party or to the party's attorney of record.

Notes

Haw. Code R. § 20-10-16

[Eff 5/9/98; comp DEC 12 2002] (Auth: HRS §§ 26-38, 91-2, 231-58) (Imp: HRS §§ 91-2, 91-9 to 91-13, 92-6(a)(2), 92-16, 231-53) [Am and Comp3/18/2018] (Auth: HRS §§ 304A-105, 304A-604) (Imp: HRS §§ 304A-105, 304A-602, 304A-604) Am and comp 10/13/2022