Haw. Code R. § 12-41-20 - Duty and authority of hearings officer

Current through February, 2022

It shall be the duty of the hearings officer to inquire fully into the facts as to whether the respondent has engaged in or is engaging in an unfair labor practice-as set forth in the complaint or amended complaint. When hearing cases, the hearings officer, subject to this chapter, may:

(1) Administer oaths and affirmations;
(2) Grant applications for subpoenas;
(3) Rule upon petitions to revoke subpoenas
(4) Rule upon offers of proof and receive relevant evidence;
(5) Cause depositions to be taken whenever the ends of justice would be served thereby;
(6) Conduct and regulate the course of the hearing, and, if appropriate or necessary, to exclude persons, including counsel, from the hearing for contemptuous conduct and to strike all related testimony of witnesses refusing to answer any proper question;
(7) Bold conferences for the settlement or simplification of the issues by consent of the parties;
(8) Dispose of procedural requests or similar matters, including all motions referred to the hearings officer by the board; also to dismiss complaints or portions thereof, and to order hearings reopened prior to issuance of the report and recommended order;
(9) Call, examine, and cross-examine witnesses and to introduce into the record documentary or other evidence;
(10) Hake and file the report and recommended order; and
(11) Take any other action necessary under this section and authorized by this chapter, and perform such other functions as may be delegated by the board to the hearings officer from time to time.

Notes

Haw. Code R. § 12-41-20
[Eff. NOV 10 1983] (Auth: HRS § 377-11) (Imp: HRS § 377-9)

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