Haw. Code R. § 8-510-11 - Decision on appeal

(a) Upon review of the record, the board may affirm the decision of the authorizer, remand the case with instructions for further proceedings, or reverse or modify the decision if the substantial rights of the appellant may have been prejudiced because the authorizer's decision is:

(1) In violation of statutory or regulatory provisions;

(2) In excess of the authority or jurisdiction of the authorizer;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(b) The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the notice of appeal.

Notes

Haw. Code R. § 8-510-11

[Eff. APR 4, 2014] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302D-15, 302D-22)