HAR §16-28-29
HAR §16-28-29. Action on application; denial of application
Cite as Haw. Code R. § 16-28-29
(a) 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 issue a written decision denying the
application, which shall include a statement of the reasons for the denial. [Eff
28-11
§16-28-29
8/13/87; am and comp 1/27/01; comp 8/04/05] (Auth: HRS §449-2) (Imp: Act 164,
1998 SLH, HRS §§449-6, 449-7, 449-7.4, 449-7.5, 449-8, 449-8.5)
§16-28-30 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. [Eff 8/13/87; am and
comp 1/27/01; comp 8/04/05] (Auth: HRS §449-2) (Imp: HRS §§449-6, 449-7,
449-7.4, 449-7.5, 449-8, 449-8.5)
SUBCHAPTER 5
BONDS AND INSURANCE