HAR §2-73-19. Reconsideration

(a) The director has the discretion, on the director's own initiative or upon request by a party, to reconsider any decision made under this chapter. 73-18 3063 .. , (b) A party must make a request for reconsideration within ten days after the director issues a final decision as provided in section 2-73-17. (c) At the sole discretion of the director, a precedent set by a prior published OIP decision may be reconsidered, on the director's own initiative or upon request, at any time. Reconsideration of a prior published OIP decision's precedential value does not alter that decision's binding effect on the parties involved in the specific dispute at issue in that decision. (d) Reconsideration of either a final decision or of a precedent shall be based upon one or more of the following: (1) A change in the law; (2) A change in the facts; or (3) Other compelling circumstances. (e) Any request for reconsideration of a decision shall be made in writing. OIP may require the party seeking reconsideration to provide a written statement setting out the basis for the request for reconsideration. The other parties will be given notice of any request for reconsideration received and granted, a copy of the request, and any written 73-19 306J .., statement filed. OIP shall allow the other parties to submit a counterstatement and shall fix the time for filing of the counterstatement and any response thereto. [Eff (Auth: HRS §§92-1.5, DEC 3 1 2012 92F-42(17)) (Imp: HRS §§92-1.5, 92F-15.5, 92F-27.5, 92F-42(17), (18), 231-19.5) §2-73-20 Record of appeal; transmittal to circuit court. OIP shall maintain a record of each appeal before OIP, including an index. Within thirty days of the service on OIP of an agency's complaint to circuit court pursuant to section 92F-43, HRS, the director shall file a certified copy of the record in the circuit court and mail a copy of the index to the record to the agency. The record may be in written, electronic, or any other physical form, or a combination thereof, and shall include all documents related to the appeal, including correspondence, audio or video recordings, and e-mails, submitted in any form. A document that is submitted for in camera review shall be listed in the index in the same manner as other documents, but only OIP and the courts and the courts' staff shall have access to documents submitted for in camera review. [Eff DEC 3 1 2012 J (Auth: 73-20 306 J 306 .3 ( Imp : • t • HRS § § 9 2 -1 . 5 , 9 2 F-4 2 ( 1 ) , ( 12 ), (1 7 ) ) HRS § § 9 2 ­ 1.5, 92F-15.5, 92F-27 .5, 92F-42 (1), (18), 92F-43, 231­ 19.5) 73-21 d ' ' OFFICE OF THE LIEUTENANT GOVERNOR Chapter 2-73, Hawaii Administrative Rules, on the Summary Page dated December 6, 2012, was adopted on December 6, 2012, following a public hearing held on November 15, 2012, after public notice was given in the Honolulu Star Advertiser on October 14, 2012. The adoption of chapter 2-73 shall take effect ten days after filing with the Office of the Lieutenant Governor. Cher Di ctor Office of Information Practices or f Hawaii Date: f /1c //_,,<J • !'<..---- t Filed - q N } ) 73-22