HAR §10-5-41. Recommended decision of hearing officer

(a) Except when the individual shall become unavailable to the commission, the recommended decision shall be made by the hearing officer who presided at the hearing. All findings, conclusions and orders recommended by the hearing officer shall be based upon the whole record and supported by the reliable, probative and substantial evidence, including facts of which he may take official notice. (b) The hearing officer shall as soon as practical and not later than thirty days after the close of the reception of evidence make and file a §10-5-42 5-23 recommended decision which shall become a part of the record and include separate findings of fact and conclusions of law as well as reasons or basis therefor upon all the material, issues of fact, law or discretion presented on the record. If any party to the proceeding has been permitted to file proposed findings of fact, the hearing officer shall incorporate in the recommended decision a ruling upon each proposed finding so presented. (c) A copy of the hearing officer's recommended decision shall be served upon each party or the counsel of record. (d) Any party may within fifteen days after receipt of a copy of the hearing officer's recommended decision file with the commission exceptions thereto and shall specify the portions of the record and authorities relied on to sustain each point. Nine copies of the exceptions and request for review shall be filed with the commission and shall thereupon become part of the record. In addition, a copy of such exceptions and request for review shall forthwith be served upon the hearing officer and upon each of the parties and counsel who were served with a copy of the hearing officer's recommended decision. [Eff 7/30/81; am and comp 10/26/98] (Auth: HRS §91-2) (Imp: HRS §91-2)