HAR §8-101-12. Hearing

(a) Upon receipt of a request for a hearing on license revocation, suspension, or non-renewal, the superintendent or designee shall schedule a hearing within ten working days and notify the owner, by registered or certified mail at least fifteen days before the hearing, of the date, time, and place of the hearing. The hearing shall be held under the following conditions: (1) The owner and the department or their representatives shall have the right to present evidence, cross-examine witnesses, or submit rebuttal testimony; (2) The superintendent or designee shall weigh the evidence impartially and may request additional information relevant to the complaint; and (3) The department shall make a transcript of the hearing; provided, the owner may obtain a copy of the proceedings at the owner’s expense; and, provided further, tape recordings are permissible. (b) Not later than five working days after the hearing, the superintendent or designee shall issue a written decision which shall be sent to the owner by certified mail, return receipt requested. The decision shall be based on the hearing record and supportive evidence, and shall set forth the actions to be taken and the reasons. The owner shall be notified of the right to appeal the superintendent’s decision in accordance with section 8-101-13. (c) The decision of the superintendent or designee shall be final unless the decision is appealed in accordance with section 8-101-13. If the decision is to uphold the license revocation, suspension, or non-renewal, the action shall be effective ten working days after the date the decision is issued. A revocation, suspension, or non-renewal decision shall not take effect if an appeal is filed in accordance with section 8-101-13. [Eff 12/7/87, comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§91-1, 91-10, 91-12, 302A-1112, 302A-426)