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 12-53-19 - Decisions of hearing examiners

Universal Citation: HI Admin Rules 12-53-19

Current through August, 2024

(a) Within ten days after receipt of notice that the transcript of the testimony has been filed or such additional time as the presiding hearing examiner may allow, each party may file with the hearing examiner proposed findings of fact, conclusions of law, rule, or order, together with a supporting brief expressing the reasons for the proposals. The proposals and brief shall be served on all other parties, and shall refer to all portions of the record and to all authorities relied upon in support of each proposal.

(b) Within ninety days after the filing of proposed findings of facts, conclusions of law, rule, or order, the presiding hearing examiner shall make and serve the decision upon each party. The decision of the hearing examiner shall include:

(1) A statement of findings and conclusions with reasons and based upon each material issue of fact, law, or discretion presented on the record; and

(2) The appropriate rule, order, relief, or denial.

The decision of the hearing examiner shall be based upon a consideration of the whole record and shall state all facts officially noticed and relied upon.

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