HAR §12-44-56
HAR §12-44-56. Proposed decision
Cite as Haw. Code R. § 12-44-56
Upon receipt of the recommended
decision, the council may accept it as its proposed decision, or may
remand it to the hearing officer for any clarification or correction,
or may modify it and issue its own draft of a proposed decision. A
copy of the proposed decision shall be served upon each party. [Eff.
6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)
§12-44-57 Filing of exceptions; extension of time; finality of
proposed decision. (a) Within fifteen days after the mailing of a
copy of the council's proposed decision, any party may file with the
council exceptions to any part thereof and request review by the
council. Each exception shall specify the portion of the record and
authorities relied on to sustain each point. Eight copies of the
exceptions and request for review shall be filed with the council. in
addition, a copy of the exceptions and request for review shall be
served upon each of the parties who was 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 by filing two copies of a
written applicaton setting forth the reasons for the request. The
application shall be filed before the expiration of the period
prescribed for the filing of exceptions. Upon good cause shown, the
council, or any member of the council, may extend the time for filing
exceptions for an additional period not to exceed fifteen days.
(c) If no exceptions and request for review are filed within
the time specified, the proposed decision shall become final, unless
the council on its own motion orders further proceedings to be held.
[Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)