Haw. Code R. § 2-73-19

Current through November, 2024
Section 2-73-19 - Reconsideration
(a) The director has the discretion, on the director's own initiative or upon request by a party, to reconsider any decision made under this chapter.
(b) A party must make a request for reconsideration within ten days after the director issues a final decision as provided in section 2-73-17.
(c) At the sole discretion of the director, a precedent set by a prior published OIP decision may be reconsidered, on the director's own initiative or upon request, at any time. Reconsideration of a prior published OIP decision's precedential value does not alter that decision's binding effect on the parties involved in the specific dispute at issue in that decision.
(d) Reconsideration of either a final decision or of a precedent shall be based upon one or more of the following:
(1) A change in the law;
(2) A change in the facts; or
(3) Other compelling circumstances.
(e) Any request for reconsideration of a decision shall be made in writing. OIP may require the party seeking reconsideration to provide a written statement setting out the basis for the request for reconsideration. The other parties will be given notice of any request for reconsideration received and granted, a copy of the request, and any written statement filed. OIP shall allow the other parties to submit a counterstatement and shall fix the time for filing of the counterstatement and any response thereto.

Haw. Code R. § 2-73-19

[Eff DEC 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(17), (18), 231-19.5)