Haw. Code R. § 11-201-30 - Appeal Hearings; Procedures

A. At the commencement of the hearing, the presiding officer or hearing officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. This procedure, unless specifically prescribed in this chapter or by chapter 91, Hawaii Revised Statutes, shall be such as in the opinion of the presiding officer or hearing officer shall best serve the purposes of the hearing without prejudice to any party.

B. All parties shall be given reasonable opportunity to offer testimony with respect to the matters relevant to the proceeding. Witnesses, before proceeding to testify, shall state their name, address, whom they represent at the hearing, and shall give the information respecting their appearance relevant to the proceeding as the presiding officer or hearing officer may request. The presiding officer or hearing officer shall confine the testimony to the matters for which the hearing has been called but need not apply the technical rules of evidence except as required by law. Each witness shall be subject to questioning by members of the council and by any representative of the council. Each witness shall also be subject to cross-examination by the adverse party. Each party shall have the right to submit rebuttal evidence and rebuttal arguments.

C. The council or hearing officer shall take notice of judicially recognizable facts and may take notice of generally recognizable technical or scientific facts within the council's or hearing officer's specialized knowledge when parties are given notice either before or during the hearing of the material so noticed and are afforded the opportunity to contest the facts so noticed.

D. At the hearing, the presiding officer or hearing officer may require the production of further evidence upon any issue.

E. After all the evidence has been presented, the council or hearing officer shall give the parties opportunity to summarize. Within a reasonable time after the final arguments have been completed and all requested memoranda submitted, the council or hearing officer shall bring the matter to a close.

F. The council or hearing officer shall permit parties to file proposed findings and conclusions, together with the reasons therefor at the close of the hearings or within the time as is extended at the discretion of the council or hearing officer. The proposal shall be in writing and shall contain references to the record and to the authorities relied upon. Copies thereof shall be furnished to all parties.

G. The council, as soon as practicable and unless otherwise stipulated by the parties, not later than thirty days after receipt of the appeal, shall notify the appellant of the decision and order. This decision and order shall include separate findings of facts and conclusions of law if the decision is adverse to the appellant. The council shall incorporate in the decision a ruling upon each proposed finding so presented. Parties to the proceeding shall be notified by delivering or mailing a certified copy of the decision and order and any accompanying findings and conclusions to each party or to the party's attorney of record.

Notes

Haw. Code R. § 11-201-30

[Eff 12/6/85] (Auth: HRS §§ 91-2, 343-6) (Imp: HRS §§ 91-10, 91-11, 91-12, 343-5, 343-6)