Section 11-800-15 - Appeal(a) When the department's decision is to deny or revoke a license or certificate, or to levy a fine under this chapter, the department shall:(1) Provide a written notice to the person, agency, or organization whose license or certificate is to be denied or revoked, or is being fined, by certified or registered mail to the last known address as may be shown in the application, license, or certificate of approval; and(2) Include in the notice a statement of the reasons for the proposed action and information that the applicant, licensee, or certificate holder has the right to appeal the decision to the director of the department, in writing, no later than thirty days after the date of the notice of the proposed action.(b) Upon receiving a timely written appeal, the director of the department shall give notice of and an opportunity for a hearing before a hearing officer. On the basis of the evidence presented at the hearing, the hearing officer shall make the final decision of the department as to whether the application, license, or certificate shall be denied or revoked, or a fine levied.
(c) At any hearing provided for by this section, the applicant, licensee, or certificate holder may be represented by counsel and shall have the right to call, examine, and cross-examine witnesses. Evidence may be received even though inadmissible under rules of evidence applicable under court procedures.(d) The hearing officer's decision shall be in writing, shall contain findings of fact and rulings of law, and shall be mailed to the parties to the proceedings by certified or registered mail to the last known address as shown on the application, license, or certificate.(e) Filing an appeal shall not stay the department's denial, suspension, or revocation of a license or certificate, or levying of a fine.[Eff 11/13/2018] (Auth: HRS §§ 321-481 to 321-483, 321-485, 346-14) (Imp: HRS §§ 321-20, 321-481 to 321-483, 321-485, 346-14)