Haw. Code R. § 12-43-29 - Hearing procedure

Unless otherwise ordered by the board, or stipulated to by the parties with the board's approval, all hearings shall proceed as follows:

(1) The parties shall have the opportunity to make opening statements before any evidence is presented, unless they waive that opportunity. The board may limit the time for, and control the order of, opening statements;

(2) The board may decide the order of presentation by the parties. However, the order of presentation will not determine the burden of proof;

(3) After presentation of evidence in support of their respective cases, the party with the burden of proof shall have the opportunity to introduce rebuttal evidence;

(4) Each witness shall be examined first by the party calling the witness, before cross-examination by the opposing party or parties;

(5) The board may also question any party or witness appearing before it in any matter, or a party's attorney or other representative appearing before the board, with respect to the matter;

(6) After all evidence, including rebuttal evidence, has been presented, the parties shall have the opportunity to make final oral argument or submit a post-hearing brief; and

(7) The hearing shall be closed for the purposes of taking evidence after completion of all final oral arguments, if any, or when the parties have rested their case, whichever occurs later.

Notes

Haw. Code R. § 12-43-29

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-9, 396-11.5) (Imp: HRS §§ 89-5, 89-14, 377-9, 396-11.5)