Haw. Code R. § 4-1-42 - Recommended decision; exceptions

(a) The hearing officer's recommended decision shall be filed as soon as practicable and not later than thirty calendar days after the close of the reception of evidence.

(b) The hearing officer's recommended decision shall become a part of the record and include separate findings of fact and conclusions of law as well as reasons therefor. The findings and conclusions shall be based upon the whole record and supported by reliable, probative, and substantial evidence, including facts of which the hearing officer may have taken official notice.

(c) If any party to the proceeding has filed proposed findings, the hearing officer shall incorporate in the recommended decision a ruling upon each proposed finding.

(d) A copy of the hearing officer's recommended decision shall be served upon each party or the party's counsel of record.

(e) Within ten calendar days after receipt of a copy of the hearing officer's recommended decision, any party may file with the board exceptions to any part thereof and request review by the board. Each exception shall specify the portions of the record and the authorities relied on to sustain each point. A copy of the exceptions and request for review shall be served upon each party or the party's counsel of record.

Notes

Haw. Code R. § 4-1-42

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-12)