Haw. Code R. § 12-27-42 - Hearing
(a) Any hearing under this subchapter shall
be held in accordance with chapter 91, HRS.
(b) All parties shall be given written notice
of hearing by registered or certified mail with return receipt requested at
least fifteen days before the hearing.
(c) The parties shall be present at the
hearing, and shall be allowed to call, examine, and cross-examine witnesses,
and introduce papers, documents, or other evidence, in person or by
counsel.
(d) At the discretion of
the hearings officer, any other person may be allowed to participate, in person
or by counsel, for the purposes and to the extent that the hearings officer
shall determine.
(e) Witnesses at
the hearing shall be examined orally, under oath or affirmation, and a record
of the proceedings shall be made by the hearings officer. The hearings officer
or a person designated by the hearings officer may administer oaths or
affirmations at the hearing.
(f)
The hearings officer may continue a hearing from day to day or adjourn it to a
later day or to a different place by announcement thereof at the hearing or by
appropriate notice to all parties. The hearings officer may also continue a
hearing upon request of any party. At the discretion of the hearings officer, a
hearing may be reopened.
(g) If the
employer or employer's representative is absent without notice, the hearings
officer shall base the decision on the available evidence.
Notes
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