Haw. Code R. § 23-4-13 - Decision

(a) A final decision shall not be rendered by the department prior to the hearing and examination of all evidence unless the decision is made in the form of a proposal which is subject to the following conditions:

(1) That the proposed decision contains a statement of reasons for the decision, including the determination of issues of fact or law necessary;

(2) That the proposal is served to the party seeking relief; and

(3) That an opportunity is afforded to the party to file oral or written exceptions and to controvert the proposal.

(b) A final decision shall be rendered in writing by the department to the affected party within one hundred twenty calendar days from the date of request for a hearing. The exception is when the hearing is continued or the record is held open wherein the time limit shall be extended only for the period of the continuance. The decision shall contain:

(1) The findings of fact and conclusions;

(2) Any filed proposed findings of fact and ruling on the proposed finding; and

(3) A statement concerning the petitioner's right to judicial review.

Notes

Haw. Code R. § 23-4-13

[Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 91-11, 91-12)