HAR §16-25-41. Action on application; denial of application

(a) Unless otherwise provided by statute, and notwithstanding any other provision of this chapter, any complete application which is not approved or denied by the commissioner within a period of one year after the application is filed with the commissioner, shall be deemed approved by the commissioner as of the first day after the period of one year. For purposes of this section, an application is deemed to be filed with the commissioner at the time when the complete application, including any amendments or supplements, containing all of the information in the form required by the commissioner, is received and accepted by the commissioner. (b) If the commissioner is satisfied that the applicant meets the relevant criteria, the commissioner shall issue a written final decision and order approving the application. (c) If the commissioner is not satisfied that the applicant meets the statutory criteria, the commissioner shall, unless otherwise provided by statute, issue a written decision denying the application, which shall include a statement of the reasons for the denial. [Eff 8/13/87; am and comp 1/27/01; comp 8/04/05] (Auth: HRS §§412:2-100, 412:2-107) (Imp: HRS §§91-13.5, 412:2-503, 412:2-504, 412:2-508, 412:3-102, 412:3-201, 412:3-202, 412:3-206, 412:3-207, 412:3-208, 412:3-210, 412:3-212, 412:3-213, 412:3-301, 412:3-304, 412:3-305, 412:3-402, 412:3-503, 412:3-505, 412:3-603, 412:3-607, 412:3-608, 412:3-609, 412:3-611, 412:3-612, 412:3-613, 412:3-616, 412:3-617, 412:5-201, 412:5-203, 412:5-205, 412:5-205.5, 412:5-205.7, 412:5-302, 412:5-305, 412:5-401, 25-21 §16-25-41 412:5-402, 412:5A-201, 412:5A-205, 412:6-201, 412:6-203, 412:6-204, 412:6-303, 412:6-306, 412:7-201, 412:7-203, 412:7-204, 412:7-306, 412:7-408, 412:8-202, 412:8-204, 412:8-301, 412:9-201, 412:9-400, 412:9-401, 412:9-403, 412:9-409, 412:10-103, 412:10- 107, 412:10-108, 412:10-109, 412:10-121, 412:10-201, 412:10-502, 412:10-800, 412:10-803, 412:12-102, 412:12-103, 412:12-104, 412:12-107, 412:13-202, 412:13-203, 412:13-204, 412:13-213, 412:13-214, 412:13-216, 412:13-217, 412:13-218, 412:13-222, 412:13-227, 412:13-301) §16-25-42 Decision denying application subject to administrative hearing; final decision and order. (a) Within fifteen days following receipt of a decision denying the application, the applicant may petition the commissioner for an administrative hearing which shall be held in accordance with chapter 91, HRS, and chapter 16-201. (b) If a petition for an administrative hearing is not filed within the time specified, the commissioner's decision denying the application shall become a final decision and order denying the application. (c) Upon the filing of a petition for an administrative hearing, and as expeditiously as possible, the commissioner shall assign the petition to a hearings officer for further proceedings pursuant to chapter 16-201. The commissioner shall issue a written final decision and order as expeditiously as possible, following the hearings officer's transmittal of the entire record together with the recommended decision, any timely filed exceptions, and any timely filed statements in support of the recommended decision. (d) Any written final decision and order of the commissioner adverse to the applicant shall be reviewable upon appeal to the circuit court of the first circuit, as provided in chapter 91, HRS. [Eff 8/13/87; am and comp 1/27/01; comp 8/04/05] (Auth: HRS §§412:2-100, 412:2-107) (Imp: HRS §§412:2-503, 412:2-508, 412:3- 102, 412:3-201, 412:3-207, 412:3-208, 412:3-210, 412:3-212, 412:3-213, 412:3-301, 412:3-305, 412:3-402, 412:3-503, 412:3-505, 412:3-603, 412:3-607, 412:3-608, 412:3-609, 412:3-611, 412:3-612, 412:3-613, 412:3-616, 412:3-617, 412:5-201, 412:5-203, 412:5-205, 412:5-205.5, 412:5-205.7, 412:5-302, 412:5-305, 412:5-401, 412:5-402, 412:5A-201, 412:5A-205, 412:6-201, 412:6-203, 412:6-204, 412:6-303, 412:6-306, 412:7-201, 412:7-203, 412:7-204, 412:7-306, 412:7-408, 412:8-202, 412:8-204, 412:8-301, 412:9-201, 412:9-400, 412:9-401, 412:9-403, 412:9-409, 412:10-103, 412:10-108, 412:10-109, 412:10-121, 412:10-201, 412:10-502, 412:10- 800, 412:10-803, 412:12-102, 412:12-103, 412:12-104, 412:12-107, 412:13-202, 412:13-203, 412:13-204, 412:13-213, 412:13-214, 412:13-216, 412:13-218, 412:13- 222, 412:13-227, 412:13-301) 25-22 §16-25-61 SUBCHAPTER 5