HAR §6-23-18

HAR §6-23-18. Proposed decision

Last amended: 2022Length: 369 wordsOfficial source

Cite as Haw. Code R. § 6-23-18

Upon receipt of the reconunended decision, the board may accept it as its proposed decision, or may remand the recommended decision to the hearing officer for any clarification 2 3-15 or correction, or may modify the recommended decision and issue its own draft of a proposed decision. A copy of the proposed decision shall be served upon each party. [Eff 11/9/81; am and comp 11/26/2009; comp APR 1" 1 2022 ] (Auth: HRS §§88-28, 91-2) (Imp: HRS §§88-82, 91-2, 91-11, 92-16) §6-23-19 Filing of exceptions; extension of time; finality of proposed decision. (a) Within fifteen days after receipt of a copy of the board's proposed decision, any party may file with the board exceptions to any part thereof and request review by the board. Each exception shall specify the portion of the record and authorities relied on to sustain each point. Within fifteen days after receipt of a copy of a party's exceptions and request for review, any party may file with the board a response to the exceptions and request for review. In addition, a copy of the exceptions and request for review, and response, shall be served upon each of the parties who were served with a copy of the proposed decision. (bl Any party may apply for an extension of time within which to file exceptions to the proposed decision, or response, by filing a written application setting forth the reasons for the request. The application shall be filed before the expiration of the respective period prescribed for the filing of exceptions or response. Upon good cause shown, the board, any member of the board, or the executive director on behalf of the system, may extend the time for filing exceptions or response, for an additional period not to exceed fifteen days after the applying party's receipt of the extension of time within which to file exceptions or response. (c) If no exceptions and request for review are filed within the time specified, the proposed decision shall become final, unless the board on its own motion orders further proceedings to be held. [Eff 11/9/81; am and comp 11/26/2009; am and comp APR 1 1 ?On 23-16 (Auth: HRS §§88-28, 91-2) (Imp: HRS §§88-82, 91-2, 91-11, 92-16)