Haw. Code R. § 11-1-53 - Conduct of hearings

(a) Each rulemaking hearing shall be presided over by a hearings officer. The hearing shall be conducted so as to afford to any interested person or agency a reasonable opportunity to be heard on matters specified in the notice of hearing and so as to obtain a clear and orderly record. The hearings officer may direct the order of statements, set time limits on statements, and take all action necessary for the orderly conduct of the hearing.

(b) At the commencement of the hearing, the presiding hearings officer shall read the notice of hearing, or distribute copies of the notice and summarize it, and then outline briefly the procedure to be followed.

(c) All interested persons or agencies shall be given reasonable opportunity to speak with respect to the matters specified in the notice of hearing. Every individual shall, before presenting his or her statement, state his or her name, address, and whom the individual represents at the hearing, and shall give such other information regarding the individual's appearance as the hearings officer may request. The hearings officer shall confine the statements to the matters specified in the notice of the hearing. Every individual may be questioned by the hearings officer, but shall not be questioned by anyone else unless the hearings officer expressly permits it.

(d) In addition to or in place of oral statements at a hearing, persons and agencies may also file with the department within five calendar days following the close of the hearing, or within such other time permitted by the hearings officer, written comments or recommendations regarding the proposed rulemaking.

(e) The hearings officer may determine if statements given at a rulemaking hearing will be recorded by stenography, audiotape, videotape, or other means. All supporting written statements and data received at the hearing and which are deemed by the hearings officer to be authentic and relevant, shall be made a part of the record.

(f) A rulemaking hearing shall be held at the time and place announced in the notice of hearing. The hearing may be continued by the hearings officer from day to day or adjourned to a later date or to a different place without notice other than the announcement of the continuance or adjournment during or at the end of the hearing held at the scheduled time and place.

Notes

Haw. Code R. § 11-1-53

[Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9) (Imp: HRS §§ 91-2, 91-3)