HAR §12-46-73. Hearing Examiner's Decision

(a) When the argument has been held before a hearings examiner, the hearings examiner, as expeditiously as possible after the close of the argument or submission of all requested or permitted memoranda, whichever is later, shall file with the commission the hearings examiner's decision and any proposed order. (b) When the petition has been contested and the decision and order is adverse to any party, the hearings examiner shall file with the decision and order separate findings of fact and conclusions of law. (c) The decision, findings of fact, conclusions of law, and any order proposed by the hearings examiner shall be based upon the whole record and supported by the reliable, probative, and substantial evidence, including those facts of which the hearings examiner properly took official notice. (d) The hearings examiner shall serve a copy of the decision and any proposed order, together with any findings of fact and conclusions of law upon each party by personal service or by registered or certified mail, return receipt requested. Where notice of the argument has been served by publication and the party so served has failed to appear at the argument, service of the decision is complete upon its mailing to the party at the party's last known address. [Eff 12/31/90; comp ] (Auth: HRS §§91-8, 368-3) (Imp: HRS §§91-8, 91-11, 368-3) §12-46-74 Commission's action on proposed decisions. (a) Where the petition has been contested, any party adversely affected by the t;6-61 ( hearings examiner's decision within fifteen days after the receipt of a copy of the decision, may file with the commission written exceptions to the whole or any part of the decision and request review by the commission. Each written exception shall specify the portions of the record and authorities relied upon to sustain each point. A copy of the written exceptions shall be served by the party so excepting upon each party to the proceeding, and upon the hearings examiner. Unless the time has been extended, no written exceptions shall be filed or accepted for filing after the time specified, except by leave of the commission for good cause shown. (b) Where the petition has been contested and written exceptions filed, any party may file and serve upon all other parties and the hearings examiner a statement in support of the decision within fifteen days after receipt of a copy of the written exceptions. (c) Where the petition has been contested and whenever written exceptions have been timely filed, all parties to the proceedings shall be afforded the opportunity to present oral argument to the commission concerning the proposed decision. The commission shall personally consider the whole record or portions of the record as may have been cited by the parties either in support or in opposition to the decision. All parties shall be served with notice of the time and place of argument at least five days prior to the time for argument. Within a reasonable time after argument has been heard, the commission shall issue a final decision and order, either affirming, modifying, or reversing, in whole or in part, the hearing examiner's decision. (d) Where the petition has not been contested, or if no written exceptions have been filed, the commission, within a reasonable time after the hearings examiner's decision has been filed, shall issue a written final decision and order, either adopting modifying, or reversing, in whole or in part, 46-62 ( the hearings examiner's proposed decision. The commission shall state with specificity in the final decision the reasons for any modification or reversal, in whole or in part, of the hearings examiner's proposed decision. [Eff 12/31/90; comp (Auth: HRS §§91-8, 368-3} (Imp: HRS §§91-8, 91-11, 91-12, 368-3}