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 4 - SUMMARY DECISIONS
Section 12-53-24 - Summary decision

(a) Where no genuine issue of a material fact is found to have been raised, the hearing examiner may issue an initial decision to become final twenty days after service unless within the period of time any party has filed written exceptions to the decision. If any timely exception is filed, the hearing examiner shall fix a time for filing any objections to the exception and any supporting reasons. The director, after consideration of the exceptions and any supporting briefs filed and of any objections to the exceptions and any supporting reasons, may issue a final decision.

(b) An initial decision and a final decision made pursuant to subsection (a) above shall include a statement of:

(c) A copy of an initial decision and a final decision under this section shall be served on each party.

(d) Where a genuine material question of fact is raised, the hearing examiner shall set the case for an evidentiary hearing in accordance with subchapter 3 of this chapter.