§91-12  Decisions and orders.  Every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law.  If any party to the proceeding has filed proposed findings of fact, the agency shall incorporate in its decision a ruling upon each proposed finding so presented.  The agency shall notify the parties to the proceeding by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party or to the party's attorney of record. [L 1961, c 103, §12; Supp, §6C-12; HRS §91-12; am L 1980, c 232, §4; gen ch 1985]


Case Notes


  Order of agency must conform to decision as reflected in agency minutes.  52 H. 221, 473 P.2d 573.

  Although each proposed finding by a party must be ruled upon, a separate ruling on each proposed finding is not indispensable and the agency may incorporate its findings and rulings in its decision.  54 H. 134, 504 P.2d 1214; 4 H. App. 633, 675 P.2d 784.

  Section applies to decision of criminal injuries compensation commission.  54 H. 294, 506 P.2d 444.

  Agency must make its findings reasonably clear.  54 H. 663, 513 P.2d 1376.

  A separate ruling on each proposed finding is not necessary.  57 H. 535, 560 P.2d 1292.

  Findings merely summarizing testimony of witness do not constitute findings of basic fact.  57 H. 535, 560 P.2d 1292.

  Sufficiency of particularity of ruling on proposed findings.  57 H. 535, 560 P.2d 1292.

  Agency's findings of ultimate facts must be supported by findings of basic facts which must be supported by the evidence in the record.  60 H. 625, 594 P.2d 612.

  Does not limit board's power to order union to implement staffing of essential positions.  66 H. 461, 667 P.2d 783.

  Where commissioner followed all relevant administrative requirements in issuing cease and desist order, holding hearings, responding to exceptions, and scheduling oral arguments, and there was no indication that nine-month period  between oral argument and the final order was caused by an unjustified agency decision to postpone resolution of the matter, commissioner's action in issuing final order nine months after oral argument was not "characterized by an abuse of discretion or a clearly unwarranted exercise of discretion" or "made upon unlawful procedure".  112 H. 90, 144 P.3d 1.

  Labor and industrial relations appeals board should generally state whether or not it has applied presumption that claim is for a covered work injury.  But failure to do so in instant case did not prejudice appellant's substantial rights.  1 H. App. 77, 613 P.2d 927.

  Does not require notices of tax assessment be accompanied by findings of fact and conclusions of law.  6 H. App. 260, 718 P.2d 1122.

  Labor department's decision vacated where decision did not comply with this section's requirement that decision be accompanied by separate findings of fact and conclusions of law as decision did not decide whether employee's stated reasons for quitting constituted good cause for terminating employment.  81 H. 84 (App.), 912 P.2d 581.

  Cited:  9 H. App. 240, 833 P.2d 93.



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