HAR §2-73-17
HAR §2-73-17. Decision
Length: 263 wordsOfficial source
Cite as Haw. Code R. § 2-73-17
(a) The director shall issue
a final written decision on an appeal and send a copy
of the decision to each party. The decision may:
Order access to all or part of a requested
record;
(2)
Confirm the agency's decision on disclosure
or nondisclosure;
(3)
State a time limit for an agency's
compliance;
(4)
Contain any other order or conclusion
consistent with chapter 92F, HRS; and,
(5)
Contain any order or conclusion consistent
with part I of chapter 92, HRS.
(b) If the decision is a determination that the
written opinion of the department of taxation shall be
available for public inspection, access shall be
provided in accordance with the time limits set under
chapter 231, HRS.
(c) If the agency's position is affirmed, the
decision shall note that the appellant has the right to
seek judicial review.
If the agency's position is not
73-16
..
.. ,
affirmed, the decision shall note that the agency has
the right to seek judicial review.
(d) Decisions may take the form of published
opinions, unpublished informal or memorandum opinions,
or other written dispositions.
The director shall
determine whether to designate a decision for
publication or to issue it as an informal or memorandum
opinion or other written disposition.
Published
opinions shall be considered as precedent and followed,
unless overruled pursuant to section 2-73-19 or a court
decision.
Informal or memorandum opinions shall not be
considered as precedent, but may be considered for
other purposes. [Eff
(Auth:
HRS
DEC 3 1 2012
§§92-1.5, 92F-42 (1), (12))
(Imp:
HRS §§92-1.5,
92F-15.5, 92F-27.5, 92F-42(17), (18), 92F-
, 231-19.5)