HAR §8-510-11
HAR §8-510-11. Decision on appeal
Cite as Haw. Code R. § 8-510-11
(a)
Upon review of the record,
the board may affirm the decision of the authorizer, remand the
case with instructions for further proceedings, or reverse or
modify the decision if the substantial rights of the appellant
may have been prejudiced because the authorizer’s decision is:
(1)
In violation of statutory or regulatory
provisions;
(2)
In excess of the authority or jurisdiction of the
authorizer;
(3)
Made upon unlawful procedure;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable,
probative, and substantial evidence on the whole
record; or
(6)
Arbitrary or capricious, or characterized by
abuse of discretion or clearly unwarranted exercise of
discretion.
(b)
The board shall review an appeal and issue a final decision
within sixty calendar days of the filing of the notice of
appeal.
[Eff. APR 4, 2014] (Auth:
HRS §302A-1112) (Imp:
HRS
§§302D-15, 302D-22)