Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 186 - CERTIFICATE OF NEED PROGRAM
Subchapter 5 - REVIEW PROCEDURES
Section 11-186-59 - Dismissal without prejudice
Current through February, 2024
(a) Without reaching a decision on the merits of the application, the agency may dismiss the application for any of the following reasons:
(b) Before dismissing the application, the agency shall provide the applicant with written notice and an opportunity of ten days in which to respond, during which the period for agency review of the application shall not run.
(c) If the agency dismisses the application, the agency shall explain in the record the reason or reasons for the dismissal and shall furnish the applicant with a copy of the explanation.
(d) Except as provided in section 11-186-10, dismissal of an application for any of the reasons in subsection (a) of this section shall be without prejudice to the applicant's right to refile the application or to file an amended application.