Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 186 - CERTIFICATE OF NEED PROGRAM
Subchapter 6 - DECISION AND FINDINGS
Section 11-186-70 - Decision on the merits

(a) Unless the application for a certificate of need has been withdrawn or dismissed, the agency shall file a decision on the merits of the application within the required time The decision shall be in writing and shall include findings of fact and conclusions of law.

(b) On the date that the agency files its decision, the agency shall send the decision to the applicant by certified mail, return receipt requested, and deliver to addressee only. The agency shall send or make available the decision to any other person upon the person's written request.

(c) The decision on the merits of an application, other than an emergency application for a certificate of need, is not a final decision of the agency when it is filed. The decision shall become final after there is an opportunity for any person to request a public hearing for reconsideration of the decision pursuant to section 11-186-82.

(d) When the agency sends or makes available the decision to any person, a written notice shall accompany the decision. The written notice shall state that the decision is not a final decision of the agency when it is filed; that any person may request a public hearing for reconsideration of the decision pursuant to section 11-186-82; that the decision shall become final if no person makes a timely request for a public hearing for a reconsideration of the decision; that if there is a timely request for a public hearing for reconsideration of the decision and after the agency's final action on the reconsideration, the decision shall become final.