HAR §15-10-26
HAR §15-10-26. Contents of appeal
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)