Section 11-186-82 - Request: for reconsideration(a) Any person may, for good cause shown, request in writing a public hearing before a reconsideration committee for reconsideration of the agency's decision on the merits filed in section 11-186-70. The request shall be in writing and shall include a statement of the nature of the person's interest and a statement of the reasons why the person believes that good cause exists for a public hearing for reconsideration of the decision. The request shall be filed with the committee within ten working days of the decision. The committee shall deny any request for a public hearing for reconsideration that is not timely filed, that fails to show good cause for a public hearing for reconsideration, or that is frivolous.(b) A request for a public hearing shall be deemed by the committee to have shown good cause, if: (1) It presents significant relevant information not previously considered by the agency which, with reasonable diligence, could not have been presented before the agency made its decision;(2) It demonstrates that there have been significant changes in factors or circumstances relied upon by the agency in reaching its decision;(3) It demonstrates that the agency has materially failed to follow the agency's rules in reaching its decision;(4) It provides any other basis for a public hearing which the agency determines constitutes good cause; or(5) The decision of the administrator differs from the recommendation of the statewide council.(c) If the request for a public hearing for reconsideration is denied, the committee shall file a written explanation for the denial and shall send it to the person who made the request by certified mail, return receipt requested, and deliver to addressee only. The explanation shall include a written notice stating that: (1) The denial is the agency's final action on the reconsideration; and(2) The decision which was sought to be reconsidered is the final decision of the agency. (d) If good cause has been shown to exist, the committee shall schedule a public hearing for reconsideration of the decision. To the extent practicable, the public hearing shall be held within thirty days after good cause has been shown to exist. Prior to the hearing, the agency shall provide written notice of the hearing to the person who made the request, the parties to the hearing, and to any other persons upon written request. The committee shall file a decision on the reconsideration within forty-five days after the conclusion of the hearing. The committee shall send the decision to the parties to the hearing and the person who requested the hearing by certified mail, return receipt requested, and deliver to addressee only. The committee shall send the decision to any other persons upon written request. A written notice shall accompany the decision. The written notice shall state that: (1) The decision is the agency's final action on the reconsideration; and(2) The decision is the final decision of the agency.(e) The number of members necessary to constitute a quorum to do business shall consist of a majority of all members. When a quorum is in attendance, the concurrence of the majority of the members in attendance shall make any action of the committee valid. [Eff. 2/9/81; am 7/1/82; am JAN 21, 1988] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-47)Eff. am and comp 8/17/2019