Haw. Code R. § 13-1-38 - Decisions and orders

(a) After all evidence has been taken, the parties may submit, within the time set by the presiding officer, a proposed decision and order which shall include proposed findings of facts and conclusions of law. A party to the proceedings may submit a proposed decision and order which shall include proposed findings of fact and conclusions of law. The proposals shall be filed with the board and mailed to each party to the proceeding not later than ten days after the transcript is prepared and available, unless the presiding officer shall otherwise prescribe.

(b) Within the time established by law, if any, or within a reasonable time after the parties have had an opportunity to file objections and exceptions, if applicable, to file briefs and to present oral argument as may have been permitted, the board shall render its findings of fact, conclusions of law and decision and order approving the application, denying the application, or modifying the application by imposing conditions. The vote of each member shall be recorded. Upon agreement by the parties, the provisions of section 91-11, HRS, concerning the examination of evidence and proposed decision, may be waived pursuant to section 91-9(d), HRS.

(c) Every decision and order adverse to a party to the proceeding, rendered by the board in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed findings of fact, the board shall incorporate in its decision a ruling upon the proposed findings so presented.

(d) Decisions and orders shall be served by mailing certified copies thereof to each party at the party's address of record. When service is not accomplished by mail, it may be effected by personal delivery of a certified copy. When a party to a contested case has appeared by a representative or by counsel, service upon the representative or counsel shall be deemed to be service upon the party.

Notes

Haw. Code R. § 13-1-38

[Eff 9/7/82; am, ren and comp 2/27/09] (Auth: HRS §§ 91-2, 171-6) (Imp: HRS §§ 91-9, 91-11, 91-12)