HAR §15-300-75. Board proceedings

Proceedings before the board shall be held as provided in section 15-300-24. [Eff JJN 1 5 2007 I (Auth: HRS §201H-4) (Imp: HRS §S91-14, 92-16, 201H-4) §15-300-76 Proposed findings of fact and conclusions of law. The prevailing party shall file proposed findings of fact, conclusions of law, decisions, and orders with the board no later than seven business days after the day the proceedings were concluded, or such other time as may be-established by the board or hearings officer. (Eff JUN 15 2007 1 (Auth: HRs s201G-4) (Imp: HRS §201G-4) 300-23 NOP QR §15-300-77 §15-300-77 Board's final decisions, orders, findings of fact, and conclusions of law. (a) The board shall issue its final decision and order together with findings of fact and conclusions of law. The findings of fact, conclusions of law, final decisions, and orders shall be based upon the whole record or such portions thereof as may be cited by the parties, and shall be supported by reliable, probative and substantial evidence, including facts on which the board properly took judicial notice. (b) If the proceedings were held before a hearings officer and exceptions were filed to the recommended decision, the board shall afford the parties oral argument as to the exceptions, prior to the board's adoption of a decision and order and findings of fact and conclusions of law. (c) If any party has timely filed proposed findings of fact, the board shall incorporate in its decision a ruling upon each proposed finding so presented, provided that a separate ruling on each proposed finding shall not be required. (d) The board shall cause to have a certified copy of the decision and order and accompanying findings and conclusions, delivered or mailed within a reasonable time after their adoption by the board, to each party or to the party's authorized representative. [Eff JUN 15 2007 ] , (Auth: HRS §201H-4) (Imp: HRS §91- 8) §15-300-78 Procedure before a hearings officer; transmittal to board. (a) Upon conclusion of the proceedings before the hearings officer and following the timely submittal of proposed findings of fact, conclusions of law, and decision and order, the hearings officer shall prepare a recommended decision in the matter for the board. (b) If the recommended decision is adverse to any party to the proceeding other than the corporation, the recommended decision shall contain a statement of the reasons therefor and shall include a determination of each issue of fact or law 300-24 XYZ [\ §15-300-77 §15-300-77 Board's final decisions, orders, findings of fact, and conclusions of law. {a) The board shall issue its final decision and order together with findings of fact and conclusions of law. The findings of fact, conclusions of law, final decisions, and orders shall be based upon the whole record or such portions thereof as may be cited by the parties, and shall be supported by reliable, probative and substantial evidence, including facts on which the board properly took judicial notice. {b) If the proceedings were held before a hearings officer and exceptions were filed to the recommended decision, the board shall afford the parties oral argument as to the exceptions, prior to the board's adoption of a decision and order and findings of fact and conclusions of law . {c) If any party has timely filed proposed findings of fact, the board shall incorporate in its decision a ruling upon each proposed finding so presented, provided that a separate ruling on each proposed finding shall not be required. {d) The board shall cause to have a certified copy of the decision and order and accompanying findings and conclusions, delivered or mailed within a reasonable time after their adoption by the board, to each party or to the party's authorized representative. [Ef f JUN 15 2007 ] , {Auth: HRS §201H-4) (Imp: HRS §91-8) §15-300-78 Procedure before a hearings officer; transmittal to board. {a) Upon conclusion of the proceedings before the hearings officer and following the timely submittal of proposed findings of fact, conclusions of law, and decision and order, the hearings officer shall prepare a recommended decision in the matter for the board. {b) If the recommended decision is adverse to any party to the proceeding other than the corporation, the recommended decision shall contain a statement of the reasons therefor and shall include a determination of each issue of fact or law 300-24 §15-300-91 nec~ssary to the recommended decision and it shall be served upon all parties. Any party adversely affected by the recommended decision may file exceptions thereto anq may submit written argument in support of the exceptions to the board~ provided that the exceptions and argument shall be filed within ten days of the service of the recommended decision, or within such other time as may be designated by the hearings officer. (c) Following the expiration of the time specified in subsection (b), or if not applicable, following preparation of the recommended decision, the hearings officer shall transmit the entire record to the board for· action together with the recommended decision, any timely filed exceptions thereto, and any timely submitted wr~fihe~,jirguments in support of the exceptions. [Ef f l.l N l t> 2nn7 . ] (Auth: HRS ·§201H-4) (Imp: HRS §91-11) •