HAR §13-300-64. Decisions and orders

(a) A proceeding shall be deemed submitted for decision by the appeals panel after the taking of evidence, the filing of briefs, the consideration of motions, and the presentation of oral arguments permitted or prescribed by the presiding officer. (b) A party to the proceeding may submit a proposed decision and order which shall include proposed findings of fact and conclusions of law. The proposal shall be filed with the presiding officer and mailed to each party within ten days following the date the transcript is prepared, made available to the parties, and finalized by the presiding officer, unless the presiding officer shall prescribe otherwise. (c) Within ninety days after the hearing, the appeals panel shall render its formal written findings of fact, conclusions of law, and decision and order approving or denying the request to preserve or relocate the burial site. The vote of each member shall be recorded. If any party to the proceeding has filed proposed findings of fact, the appeals panel shall incorporate in its decision, a ruling upon each proposed finding so presented. (d) Upon agreement by the parties, the examination and proposed decision provisions under section 91-11, HRS, may be waived pursuant to section 91-9(d), HRS. (e) Every decision and order adverse to a party to the proceeding rendered by the appeals panel shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. (f) Decisions and orders shall be served by mailing copies to the parties of record. When service is not accomplished by mail, it may be effected by personal delivery of a certified copy. When a party has appeared by representative, service upon the representative shall be deemed to be service upon the party. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43.5, 91-2) (Imp: HRS §§6E-43, 91-9, 91-11, 91-12)