Haw. Code R. § 12-24-14 - Powers and duties of hearing officer

(a) The hearing officer shall have full power and authority to:

(1) Control the procedures of the hearing;

(2) Admit or exclude testimony or other evidence;

(3) Rule upon all motions and objections;

(4) Call and examine witnesses;

(5) Direct the production of papers or other matter present in the hearing room; and

(6) Take other actions that are necessary and proper for the conduct of the hearing.

(b) The hearing officer shall submit a recommended decision to the director which shall include findings of fact and conclusions of law. A copy of the hearing officer's recommended decision shall be served by personal delivery or by certified mail, return receipt requested, upon each party.

(c) The hearing officer may issue subpoenas either at will or upon written request of a party to the proceeding whenever necessary to compel the attendance of witnesses and the introduction of books, records, correspondence, documents, papers, or any other evidence which relates to any matter in question before the hearing officer. Where a subpoena is issued at the instance of a party to the proceeding other than the hearing officer, the cost of service and witness and mileage fees shall be borne by the party at whose request the subpoena is issued. Witness and mileage fees shall be the same as fees paid witnesses in the circuit court.

(d) The hearing officer shall, whenever necessary or required during the hearing and on terms and conditions as the hearing officer may determine, take or cause to be taken deposition of witnesses residing within or without the State of Hawaii, in the manner prescribed by law for deposition in civil actions. A request by a party other than the hearing officer for deposition of witnesses shall be in writing. The cost of any deposition shall be borne by the party at whose request the deposition was taken.

Notes

Haw. Code R. § 12-24-14

[Eff. SEP. 11, 1981] (Auth: HRS § 378-38) (Imp: HRS §§ 378-34, 378-38)