Haw. Code R. § 8-54-10.7

Current through September, 2024
Section 8-54-10.7 - Recommended decision
(a) As expeditiously as possible after the close of the hearing, the hearings officer shall file with the board a recommended decision together with separate findings of fact, conclusions of law, and a recommended order. The decision, findings of fact, conclusions of law, and any order recommended by the hearings officer shall be based upon the whole record and supported by the reliable probative and substantial evidence, including facts of which the hearings officer properly took judicial notice.
(b) The hearings officer shall cause a copy of the recommended decision, including therein findings of fact, conclusions of law, and any recommended order, to be served upon each party by registered or certified mail, return receipt requested. Service of the recommended decision shall be deemed complete upon its mailing to the party's last known address.
(c) Any party adversely affected by the hearings officer's recommended decision within fifteen (15) days after receipt of a copy of the decision, may file with the hearings officer written exceptions to the whole or any part of the recommended decision and request review by the board. Each written exception shall specify the portions of the record and authorities relied upon to sustain each point. A copy of the written exceptions shall be served by the party so excepting upon each party to the proceeding. Unless the time has been extended, no written exceptions shall be filed or accepted for filing after the time specified.
(d) Any party may file with the hearings officer and serve upon all other parties a statement in support of the recommended decision within fifteen (15) days after receipt of a copy of the written exceptions filed pursuant to subsection (c).
(e) The hearings officer shall transmit to the board the entire record together with the recommended decision, any timely filed exceptions, and any timely filed statement in support.

Haw. Code R. § 8-54-10.7

[Eff 10/30/14] (Auth: HRS § 302A-807) (Imp: HRS §§ 302A-801 to -808)