Hawaii Regulations § 3-161-73 Commission's action on recommended decisions

Regulation Text

(a) Where the petition has been contested, any party adversely affected by the hearings officer's recommended decision within fifteen days after the receipt of a copy of the decision, may file with the commission written exceptions to the whole or any part of the recommended decision and request review by the commission. 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, and upon the hearings officer. Unless the time has been extended, no written exceptions shall be filed or accepted for filing after the time specified, except by leave of the commission for good cause shown.

(b) Where the petition has been contested and written exceptions filed, any party may file and serve upon all other parties and the hearings officer a statement in support of the proposed decision within fifteen days after receipt of a copy of the written exceptions.

(c) Whenever written exceptions have been timely filed and a party has requested an opportunity to present oral argument, all parties to the proceedings shall be afforded the opportunity to present oral argument to the commission concerning the recommended decision. The commission shall consider the whole record or portions of the record as may have been cited by the parties either in support or in opposition to the recommended decision. All parties shall be served with notice of the time and place of argument at least five days prior to the day for argument. Within a reasonable time after argument has been heard, the commission shall issue a final decision and order, either affirming, modifying, or reversing, in whole or in part, the hearings officer's recommended decision.

(d) Where the petition has not been contested, or if no written exceptions have been filed, the commission, within a reasonable time after the hearings officer's recommended decision has been filed, shall issue a written final decision and order, either adopting, modifying, or reversing, in whole or in part, the hearings officer's recommended decision. The commission shall state with specificity in the final decision the reasons for any modification or reversal, in whole or in part, of the hearings officer's recommended decision.

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-8 , 11-193, 11-216, 11-228, 11-229)

[ Am and Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS § 11-314 )

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