Haw. Code R. § 11-1-24 - Hearings officer; duties and powers

(a) The director or attached entity may act as the hearings officer and personally conduct the hearing of a contested case or may appoint a representative to be the hearings officer. The hearings officer shall conduct the hearing and any related pre-hearing and post-hearing activities as may be required or appropriate.

The director or attached entity shall be the final decision maker unless the director or attached entity delegates that responsibility.

(b) In any contested case, the hearings officer may:

(1) Give notice of a prehearing conference or the hearing and any continuation of a conference or the hearing;

(2) Require that a complaint be answered or be made more definite;

(3) Impose time limits on any phase or aspect of the proceedings;

(4) Issue subpoenas for people, documents, and things as authorized by law;

(5) For good cause shown, upon motion or the hearings officer's own initiative, order a party to produce non-privileged evidence, and may draw inferences against the party if the evidence is not produced without good cause being shown;

(6) Administer oaths;

(7) Examine witnesses and inspect sites;

(8) Certify official documents and acts;

(9) Rule on motions, requests, and offers of proof;

(10) Admit, receive, and exclude evidence;

(11) Regulate the course and conduct of the hearing and related proceedings, including:

(i) Allowing or directing the use of telephone or videoconference meetings, hearings, and testimony;

(ii) Regulating the manner of any examination of a witness to prevent harassment or intimidation and ordering the removal of disruptive individuals;

(iii) Specifying the time, place, and method of filing documents;

(12) Enter such orders and rulings against any party who fails to comply with these rules or any other order of the hearings officer, including without limit orders under section 11-1-36(c); and

(13) Perform such other functions and duties, and issue such orders necessary for the proper conduct of the hearing and the resolution of the case.

(c) Any provision of this chapter may be suspended or waived by the department or by the hearings officer before whom the matter is heard, to prevent undue hardship in any particular instance.

(d) The hearings officer may engage the services of a stenographer, or someone similarly skilled, to take a verbatim record of the evidence presented at any hearing. If a stenographer or other person of similar skill is not engaged, the hearings officer shall have the hearing recorded by audiotape, videotape, or comparable means.

(e) Except as provided for under subsection (b)(5), the hearings officer shall not order or approve civil style discovery against non-parties; and unless stipulated to by all parties, the hearings officer shall not order or approve civil style discovery between parties. Civil style discovery refers to procedures initiated by parties under judicial rules of civil procedure, specifically including but not limited to, depositions on oral or written questions, written interrogatories, requests for production of documents or things, requests to enter land or other property, physical and mental examinations, and requests for admissions.

Notes

Haw. Code R. § 11-1-24

[Eff 2/14/2005] (Auth: HRS §§ 91-2, 92-16, 321-9) (Imp: HRS §§ 91-9, 91-10, 91-11, 91-12, 92-16)