Rules of Practice and Procedure 04-25-13

Home

7-12 Decision. Within a period of not more than ninety days after the close of the hearing,unless a longer period of time is agreed upon by the parties,the Commission shall render its decision in an appeal proceeding,by either affirming the decision appealed from, or reversing or modifying the decision, or remanding the case to the Director for further proceedings and action. A decision appealed may only be reversed, modified or remanded upon five affirmative votes of the Commission. If fewer than seven members of the Commission vote upon an appeal and there are fewer than four affirmative votes to reverse,modify or remand the decision appealed,the chairperson may defer the petition until a future meeting of the Commission for a second and final vote to be taken on the appeal. 7-13 General Standards for Appeals. A decision appealed from may be reversed or modified or remanded only if the Commission finds that the decision is: (1) In violation of the Code or other applicable law; or (2) Clearly erroneous in view of the reliable,probative,and substantial evidence on the whole record; or (3) Arbitrary,or capricious,or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. 7-14 Judicial Review. Any party to an appeal proceeding may obtain judicial review of the proceeding in the manner set forth in Section 91-14, Hawai'i Revised Statutes. 7-24