Haw. Code R. § 6-23-3

Current through April, 2024
Section 6-23-3 - Preliminary decision by the system; notice of preliminary decision; petition for contested case hearing
(a) Upon receipt of the medical board's or a designated entity's certifications and findings pursuant to section 6-22-8, the executive director on behalf of the system shall make a preliminary decision as to whether to accept, reject or remand the medical board's or designated entity's certifications and findings. The executive director on behalf of the system, may reject the medical board's or designated entity's certifications or findings, including findings regarding causation, and make independent determinations. The executive director on behalf of the system, may remand the certifications and findings to the medical board or designated entity for any clarification or correction.
(b) Upon acceptance, rejection, or remand of the medical board's or a designated entity's certifications and findings, or any part thereof, the executive director on behalf of the system shall, within fifteen days thereafter, notify the applicant of the system's preliminary decision and the medical board's or designated entity's certifications and findings.
(c) If any certification or finding accepted by the executive director on behalf of the system in the preliminary decision, or any independent determination made by the executive director on behalf of the system in the preliminary decision, is adverse to the applicant, the executive director on behalf of the system shall notify the applicant of the applicant's right to file a petition for contested case hearing disputing the preliminary decision pursuant to section 6-23-4 and of the procedure for filing the petition.

Haw. Code R. § 6-23-3

[Eff 11/9/81; am and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 88-82, 91-2)
Am and comp 4/11/2022