Section 11-850-137 - Request for reconsideration(a) A laboratory aggrieved by a suspension or revocation made pursuant to section 11-850-136 may request a reconsideration of the action.(b) A request for reconsideration shall be submitted to the department within five business days after the date of notification; provided that for the purposes of this section, "date of notification" means three days after the department mailed notice to the laboratory.(c) A request for reconsideration shall include an explanation of why the laboratory believes the suspension or revocation was improper and shall include all arguments, authorities, factors, affidavits, exhibits, and any other matter which the laboratory may deem relevant.(d) The director shall issue a written final decision to the laboratory within fifteen business days after the receipt of a request for reconsideration, unless the director determines that an extension is necessary and provides written notice of the extended deadline to the laboratory.(e) The director's final decision shall, at a minimum, determine whether the director is upholding the suspension or revocation and shall contain a statement of the reasons for the final decision, including factual findings.(f) A request for reconsideration shall not operate as a stay of the suspension or revocation made pursuant to section 11-850-136.(g) A final decision by the director on a request for reconsideration is a final agency action.Haw. Code R. § 11-850-137
[Eff 12/14/15; §11-850-87; am, ren § 11-850-137, and comp 2/24/2022] (Auth: §§ 321-9, 329D-7, 329D-8, 329D-27) Ump: §§ 329D-7, 329D-8)