HAR §15-10-29. Decision and actions

(a) Any appeal filed shall be acted upon by the SMC within fifteen days of the postmarked date of the appeal. (b) Upon receipt of a letter of appeal, the SMC shall send a letter to the appellants acknowledging its receipt. The letter of appeal and any information submitted, with it shall be immediately scheduled for reconsideration. The SMC shall have three working days within which to reconsider the appealed decision. During this reconsideration process the SMC shall contact the appellant by telephone. The reconsideration shall result in the SMC: (1) Reversing its prior decision and granting the appellant all the fuel for which appellant has applied; (2) Granting an increase in the amount originally assigned, although the increase may be less than the amount originally requested; or (3) Affirming the prior decision. (c) If the SCM reverses its prior decision and grants appellant the total amount of fuel originally requested, no further action is necessary other than notifying the appellant of the decision, and notifying the supplier to supply the appropriate amount of fuel. (d) If the SMC grants appellant an increase in the amount of fuel, but the amount granted is less than the amount originally applied for, the appellant may accept the increased amount in satisfaction of the appeal, thereby ending the appeal, or the appellant may choose to request a review of the appeal by the Energy Resources Coordinator (ERC). In the latter case, the ERC will make an independent and final determination regarding the appeal. (e) If the SMC affirms its initial decision, the ERC shall make an independent and final decision on the merits of the appeal if the appellant appeals from the SMC's affirmace of its prior decision. (f) A decision of the ERC constitutes the final administrative remedy available to an applicant for set- aside supplies." [Eff FEB 17 1987] (Auth: HRS §125C- 23) (Imp: HRS §§125C-22, 125C-23) 2. The adoption of chapter 15-10, Hawaii Administrative Rules, shall take effect ten days after filing with the Office of the Lieutenant Governor. I certify that the foregoing are copies of the rules drafted in the Ramseyer format, pursuant to the requirements of section 91-4.1, Hawaii Revised Statutes, which were adopted on FEB 17 1987, and filed with the Office of the Lieutenant Governor. Appendix B (continued) Appendix B, p. 24