Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 53 - RULES OF PRACTICE FOR VARIANCE
Subchapter 3 - HEARINGS
Section 12-53-16 - Consent findings and rules or orders
Current through August, 2024
(a) At any time before the reception of evidence in any hearing or during any hearing, a reasonable opportunity may be given to permit the negotiation by the parties of an agreement containing consent findings and a rule or order disposing of the whole or any part of the proceeding. The allowance of the opportunity shall be at the discretion of the presiding hearing examiner, after consideration of the nature of the proceeding, the requirements of the public interest, the representations of the parties, and the probability of an agreement, which will result in a just disposition of the issues.
(b) Any agreement containing consent findings and rule or order disposing of a proceeding shall also provide:
(c) On or before the expiration of the time granted for negotiations, the parties or their counsel may:
(d) In the event an agreement containing consent findings and rule or order is submitted within the time allowed, the presiding hearing examiner may accept the agreement by issuing a decision based upon the agreed findings.
