HAR §12-53-24
HAR §12-53-24. Summary decision
Cite as Haw. Code R. § 12-53-24
(a) Where no genuine issue of a material
fact is found to have been raised, the hearing examiner may issue an initial
decision to become final twenty days after service unless within the period
of time any party has filed written exceptions to the decision.
If any
timely exception is filed, the hearing examiner shall fix a time for filing
any objections to the exception and any supporting reasons.
The director,
after consideration of the exceptions and any supporting briefs filed and of
any objections to the exceptions and any supporting reasons, may issue a
final decision.
(b) An initial decision and a final decision made pursuant to
subsection (a) above shall include a statement of:
(1)
Findings and conclusions, and the reasons or basis on all
issues presented; and
(2)
The terms and conditions of the rule or order made.
(c) A copy of an initial decision and a final decision under this
section shall be served on each party.
(d) Where a genuine material question of fact is raised, the hearing
examiner shall set the case for an evidentiary hearing in accordance with
§12-53
13
subchapter 3 of this chapter.
[Eff. 7/12/82; am 8/15/87] (Auth:
HRS §396-4)
(Imp:
HRS §396-4)
SUBCHAPTER 5--EFFECT OF INITIAL DECISIONS