HAR §6-23-49
HAR §6-23-49. Proposed decision
Length: 361 wordsOfficial source
Cite as Haw. Code R. § 6-23-49
Upon receipt of the
recommended decision, the board may accept it as its
proposed decision, or may remand the recommended
decision to the hearing officer for any clarification
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
on each party.
[Eff and comp 11/26/2009; comp
APR 11 2022 l
(Auth:
HRS §§ 88-28, 91-2) (Imp:
HRS §§ 91-2, 91-9, 91-11, 92-16)
§6-23-50 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
23-36
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.
(b)
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 respective
expiration of the 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 and comp
11/26/2009; comp
APR 1 '?On l
(Auth:
HRS §§88-28,
91-2) (Imp:
HRS §§91-2, 91-11, 91-12)