HAR §16-201-63. Recommended decision

(a) When the argument has been held before a hearings officer, the hearings officer, as expeditiously as possible after the close of the argument or submission of all requested or permitted memoranda, whichever is later, shall file with the authority the hearings officer’s recommended decision and any recommended order. (b) When the petition has been contested and the recommended decision and order is adverse to any party, the hearings officer shall file with the recommended decision and order separate findings of fact and conclusions of law. (c) The decision, findings of fact, conclusions of law, and any order recommended by the hearings officer shall be based upon the whole record and supported by reliable, probative - 25 - and substantial evidence, including those facts of which the hearings officer properly took official notice. (d) The hearings officer shall serve a copy of the recommended decision and any recommended order, together with any findings of fact and conclusions of law upon each party by personal service or by registered or certified mail, return receipt requested. Where notice of the argument has been served by publication and the party so served has failed to appear at the argument, service of the recommended decision is complete upon its mailing to the party at the party’s last known address. [Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§91-8, 26-9) (Imp: HRS §§91-8, 91-11, 26-9)