HAR §13-1-41. Recommendation of hearing officer

(a) Upon completion of taking of evidence, the hearing officer may ask the parties to submit a document entitled “proposed findings of fact, conclusions of law, and decision and order.” Proposed decision and 1-37 orders submitted shall be served upon each party to the proceedings and an opportunity given to each party to comment thereon. If requested, and upon receipt of the proposed decision and orders and any comments from the parties, the hearing officer shall prepare a report setting forth proposed findings of fact, conclusions of law, and the reasons therefore, and a recommended order, and shall present the report of the proceeding to the board. (b) The record shall include the petition, notice of hearing motions, rulings, orders, transcript of the hearing, stipulations, documentary evidence, proposed findings, or other documents submitted by the parties, objections to the conduct of the hearing, the report of the hearing officer, and all other matters placed in evidence. (c) The hearing officer shall cause a copy of the report to be served upon all parties to the proceedings. [Eff and comp 2/27/09] (Auth: HRS §171- 6) (Imp: HRS §§91-2, 91-11, 92-16, 171-6) §13-1-42 Exception to the hearing officer’s report and recommendations. (a) Except as otherwise ordered by the chairperson, within twenty-one calendar days after service of the report and recommendations by the hearing officer, a party may file with the board, exceptions to the report together with a brief in support of such exceptions. Such party shall serve copies of exceptions and briefs upon each party to the proceeding. (b) The exceptions shall: (1) Set forth specifically the questions of procedure, fact, law, or policy, to which exceptions are taken; (2) Identify that part of the hearing officer’s report and recommended order to which objections are made; and (3) State all the grounds for exceptions to a ruling, finding, conclusion, or recommendation. The grounds not cited or specifically urged are waived. [Eff and 1-38 comp 2/27/09] (Auth: HRS §171-6) (Imp: HRS §§91-2, 91-11) §13-1-43 Support of hearing officer’s report and recommendations. (a) Except as otherwise ordered by the chairperson, within twenty-one days after service of the exceptions to the hearings officer’s report, any party may file with the board a brief in response to the exceptions. Such party shall serve copies of the brief upon each party to the proceeding. (b) The brief shall: (1) Answer specifically the points of procedure, fact, law, or policy to which exceptions were taken; and (2) State the facts and reasons why the report and recommendation should be affirmed. [Eff and comp 2/27/09] (Auth: HRS §171-6) (Imp: HRS §§91-2, 91-11)