11-106-7 - Decision.

11-106-7 Decision.

         (a) The department shall provide written notice by certified mail of an order to revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate based on this chapter, which shall include the reason for the department's decision and the right to an administrative appeal pursuant to chapter 91, HRS and chapter 11-1, HAR.

         (b) The right to an administrative appeal of the department's or its designee's decision shall be as set forth in the rules for the program under which the applicant is seeking licensure.

         (c) When an administrative appeal is requested to contest a decision to deny, revoke, or suspend a license or certificate pursuant to this chapter, a healthcare facility shall not operate, or an employee or prospective employee shall not work at the healthcare facility, pending the completion of the appeal.

         (d) A hearing under this section shall be conducted as a contested case hearing under chapter 91, HRS, and in accordance with chapter 11-1, HAR."

        [Eff FEB 03 2019 ] (Auth: HRS §321-15.2; 321-20; 378-2.5, HAR §11-1) (Imp: HRS §321-15.2; 321-20; 378-2.5)

         Chapter 11-106, Hawaii Administrative Rules, on the Summary Page dated February 3, 2019, was adopted following a public hearing held on September 10 ,2018. after public notice was given in the Honolulu Star-Advertiser, West Hawaii Today, Hawaii Tribune Herald, Maui News, and The Garden Isle on August 9,2018.

         The adoption of chapter 11-106 shall take effect ten days after filing with the Office of the Lieutenant Governor.

         BRUCE S. ANDERSON, Ph.D.


         Department of Health


         DAVID Y. IGE


         State of Hawaii



         Deputy Attorney General


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