HAR §15-15-80. Briefs

The presiding officer may fix the time for the filing of briefs. Exhibits may be reproduced in an appendix to a brief. A brief of more than twenty pages shall contain a subject index and table of authorities. Requests for extension of time to file briefs must be made to thecommission in writing with one original, one paper copy, and one electronic copy filed with the commission, and a copy 62 3081 served upon or mailed to the parties to the proceeding. Ordinarily, when a matter is to be submitted on concurrent briefs, extensions shall not be granted unless a stipulation is filed with the commission. [Elf 10/27/86; eomp 8/16/97; comp 5/8/00; am and comp NOV 0 22013 ] (iuth: HRS §§205-1, 205-7) (Imp: HRS §§91-2, 205-4) 15-15-81 Oral argument. The commission or the presiding officer may direct or permit the presentation of oral argument with the petitioner opening and concluding the argument. Not more than fifteen minutes on each side of the proceeding shall be allowed for argument without special leave of the commission. JEff N0ÿ/ÿ6;vUÿLU1a am and comp 8/16/97; comp 5/8/00; comp ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §91-2, 91-9, 205-4) 15-15-82 Issuance of decisions and orders. (a) A proceeding shall stand submitted for decision by the commission after the taking of evidence, and the filing of briefs or the presentation of oral argument as may have been prescribed by the presiding officer or hearings officer. Each party to the proceeding shall submit a proposed decision and order which shall include proposed findings of fact. If a party enters into a partia! stipulation as authorized in section 15- 15-82ol, the party shall nevertheless file a proposed decision and order indicating the findings of fact, conclusions of law and proposed conditions that are stipulated to and also set forth proposed findings of fact, conclusions of law and proposed conditions that it proposes that are different than the stipulation° A proposed decision and order shall be filed with the commission consisting of one origina!, one paper copy, and one electronic copy, and a copy served upon each party to the proceeding and an opportunity given to each party to comment thereon. (b) A commission member may prepare a proposed findings of fact and conclusions of law, and serve the document upon each party not less than ten business days prior to the meeting at which the proposed findings of fact and conclusions of law shal! be presented. (c) Notwithstanding any provision of this chapter to the contrary, each party may provide its position on the commission members' proposed findings of fact and conclusions of law within five business days from the 63 3081 date of service. Aiy party providing its position shal! provide a summary of its reasons for support or objection. (d) Every decision and order adverse to a party to the proceeding, rendered by the commission in a contested case, shall be accompanied by separate findings of fact and conclusions of law. (e) Findings of fact, conclusions of law, and decision and order shall be issued by the commission for district boundary amendments and special permits deemed approved pursuant to section 91-13.5, HRS. The decision and order shall include mandatory conditions pursuant to section 15-15-90(e). [Effÿ i0/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp NOV 0ÿ@13 ] (Auth: HRS ÿ§91-13.5, 205-1, 205-7) (Imp: 91-2, 91-12, 205-4) 15-15-82.1 Stipulation as to findings of fact, conclusions of law, conditions of boundary amendment, and decision and order. After the close of the evidentiary portion of the hearing, some or all parties may enter into stipulations as to findings of fact, conclusions of law, conditions of boundary amendment, and decision and order concerning the proposed boundary amendment as follows: (i) A petitioner who desires to enter into a stipulation shall prepare a proposed stipulation as to any or all findings of fact, conclusions of law, conditions of boundary amendment, and decision and order concerning the proposed boundary amendment; (2) Parties in agreement with a stipulation shall sign the proposed stipulation as to any or all proposed findings of fact, conclusions of law, conditions of boundary amendment, and a proposed decision and order, and shal! submit such stipulation to the commission within the time frame specified by the commission; (3) After the hearing, the commission may adopt the proposed stipulation, and if it adopts the stipulated decision and order the commission may amend, accept, modify or reject in part or in whole any of the findings of fact, conclusions of law, conditions of boundary amendment, and anything else contained in the stipulation; (4) The commission shall issue a decision and order pursuant to provisions of sections 15- 15-36 and 15-15-74 and section 205-4(g), HRS. 64 [Elf and coup NOV O 22013 @ÿ205-i, 205-7) ((Auth: HRS