HAR §12-44-59
HAR §12-44-59. Final decision
Cite as Haw. Code R. § 12-44-59
(a) Where exceptions have been filed
to the council's proposed decision, the council shall render its
final decision within sixty days after hearing the exceptions. in
rendering its final decision, the council shall consider the whole
record or such portions thereof as may be cited by the parties, and
shall resolve all questons of fact by what it deems to be the greater
weight of the evidence thereon. The final decision shall contain
findings of fact and conclusions of law upon which the decision is
based.
(b) Where the council has heard and examined all of the
evidence, the council, within sixty days after the reception of the
evidence, or filing of any memoranda or proposed findings permitted
to be filed by any party, shall render its final decision which shall
contain findings of fact and conclusions of law upon which the
decision is based. If any party has been permitted to file proposed
findings of fact, the final decision shall incorporate a ruling on
each proposed finding so presented. [Eff. 6/6/86] (Auth: HRS
§132-16) (Imp: HRS §132-16)
SUBCHAPTER 6
OTHER CONTESTED CASE HEARINGS
12-44-71 Applicability of subchapter 6. Except as otherwise
provided in this subchapter, this subchapter shall apply to all other
contested case hearings. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS
§132-16)