HAR §15-10-27
HAR §15-10-27. Processing of appeal
Cite as Haw. Code R. § 15-10-27
(a) The SMC may
initiate an investigation of any statement in an appeal and
use in its evaluation any relevant facts obtained by such
investigation. The SMC may solicit and accept submissions
relevant to any appeal provided that the appellant is
afforded an opportunity to respond to all submissions. In
evaluating an appeal, the SMC may consider any other sources
of information.
(b) If the SMC determines that there is insufficient
information upon which to base a decision and if, upon
request, the necessary additional information is not
submitted, the SMC may dismiss the appeal, with leave to
amend within a specified time. If the failure to supply
additional information is repeated or wilful the SMC may
dismiss the appeal with prejudice. If the appellant fails
to provide the notice required by section 15-10-21 (5), the
SMC may dismiss the appeal without prejudice. If the
appellant submits false statements that appellant may be
subject to prosecution.
[Eff FEB 17 1987]
(Auth:
HRS §125C-23) (Imp:
HRS
§§125C-22, 125C-23)