HAR §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. The petitioner_shall _submit a proposed decision and order which shall include proposed findings of fact, conclusions of law, and proposed conditions; all other parties may submit a proposed decision and order including proposed findings of fact, conclusions of law and proposed conditions. If a party enters into a partial stipulation as authorized in section 15-15-82.1, 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 orde r shall be filed with the commission 15-80 §15-15-82.1 consisting of one paper original, one paper copy, and one electronic copy, and a copy shall be_served upon each party to the proceeding. Each party to the proceedings shall be given the opportunity to comment on each proposed decision and order filed with the commission. (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 shall 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 date of service . Any party providing its position shall provide a summary of its reasons for support or objection. (d) Every decision and order adverse to a party to the proce-eding, 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). For orders determining the acceptability of environmental compliance documents pursuant to chapter 343, HRS, the chair or presiding officer shall sign for the commission. [Eff 10/27/86; am and comp 8/16/97; am and comp 5/8/09Cfaf ~~lfomp 11/2/2013; am and comp_ ] (Auth: HRS §§91-13.5, 205-1, 205-7) {Imp: HRS §§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 15-81 · 3 3 51 §15-15-82.1 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: (1) 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 shall 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. [Eff and comp 11/2/2013; comp OCT 1 8 2019 ] (Auth: HRS §§205-1, 205-7)