HAR §10-5-42. Commission decision

(a) Upon filing of exceptions by a party adversely affected by the recommended decision, the commission shall grant such party an opportunity to present argument and the commission shall personally consider the whole record or such portions thereof as may be cited by such party. (b) If no exceptions or requests for review are filed within the time specified, the recommended decision of the hearing officer shall become final upon approval of the commission, unless the commission on its own motion orders further proceedings to be held. (c) Where the hearing is held before the commission or where exceptions to the recommended §10-5-42 5-24 decision and a request for review have been filed with the commission, the commission will consider the whole record, including, where applicable, the recommended decision of the hearing officer and exceptions thereto, and will resolve all questions of fact by what it deems to be the greater weight of evidence thereon and make a final decision stating the reasons or basis therefor and enter an appropriate order. (d) The commission may entertain a written petition to reconsider or re-hear its final order, decision or ruling. The petition shall be determined with reasonable expedition so that the aggrieved party may have timely opportunity to appeal. Denial of such petition shall be in writing with the reasons stated therefor. (e) Petition to reconsider or re-hear any final order, decision or ruling of the commission shall be filed not later than ten days after a person is served with a certified copy of the final decision and order of the commission. [Eff 7/30/81; am and comp 10/26/98](Auth: HRS §91-2) (Imp: HRS §91-14)