HAR §15-10-26

HAR §15-10-26. Contents of appeal

Last amended: 1987Length: 289 wordsOfficial source

Cite as Haw. Code R. § 15-10-26

(a) The appellant shall specify the precise legal and factual bases for the appeal, fully explaining why the appellant believes the SMC's order was wrong and why the appellant's particular situation constitutes a hardship or emergency requiring the appellant to receive fuel under the State set-aside program. The State shall assign fuel only if the appellant can demonstrate that the appellant is experiencing a hardship or emergency. (b) To assist the SMC in processing the appeal and to ensure that the appellant's position is fully understood, the "Appeal of Order" shall include at least the following: (1) The action number assigned by the SMC and found on the Order or the letter of denial; (2) The month for which set-aside was applied; (3) The exact reasons why the appellant believes the decision made by the SMC is erroneous; (4) A statement indicating that new or additional information is submitted and an explanation as to why the information was not submitted with the original application; (5) An estimate of the minimum amount of fuel needed to carry on the appellant's activities; (6) The distance to the nearest retail outlet and whether the appellant has attempted to obtain fuel from that outlet, and an explanation if the appellant has not done so; (7) A statement of all efforts the appellant has undertaken in appellant's operations to conserve fuel; Appendix B (continued) Appendix B, p. 22 (8) A statement as to what will happen to the appellant's operations if the appellant does not receive the requested set-aside fuel; and (9) Any other reasons why appellant believes that the circumstances entitle appellant to receive set-aside assistance for instances of hardship or emergency. [Eff FEB 17 1987] (Auth: HRS §125C-23) (IMP: HRS §§125C-22, 125C-23)
HAR §15-10-26: HAR §15-10-26. Contents of appeal | Justis AI