Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 2 - DECLARATORY RELIEF
Section 12-46-73 - Hearing Examiner's Decision
Current through August, 2024
(a) When the argument has been held before a hearings examiner, the hearings examiner, 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 commission the hearings examiner's decision and any proposed order.
(b) When the petition has been contested and the decision and order is adverse to any party, the hearings examiner shall file with the decision and order separate findings of fact and conclusions of law.
(c) The decision, findings of fact, conclusions of law, and any order proposed by the hearings examiner shall be based upon the whole record and supported by the reliable, probative, and substantial evidence, including those facts of which the hearings examiner properly took official notice.
(d) The hearings examiner shall serve a copy of the decision and any proposed 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 decision is complete upon its mailing to the party at the party's last known address.
