Haw. Code R. § 12-44-25 - conduct of hearing
(a) The public
hearing shall be presided over by the council chairperson or a designated
representative, in the chairperson's absence. The hearing shall give persons a
reasonable opportunity to be heard on matters relevant to the issues involved.
The presiding officer may administer oaths or affirmations and take all other
actions necessary to the orderly conduct of the hearing and the attainment of a
clear and orderly record.
(b) Each
hearing shall be held at the time and place set in the notice of hearing, but
may be continued by the presiding officer from day to day or be adjourned to a
later date or to a different place without notice other than the announcement
thereof at the hearing.
(c) At the
commencement of the hearing, the presiding officer shall read the notice of
hearing and shall then outline briefly the procedure to be followed. Evidence
shall then be received with respect to the matters specified in the notice of
hearing in such order as the presiding officer shall prescribe.
(d) Before testifying, every witness shall
state the witness's name, address, and whom the witness represents at the
hearing, and shall give such other information respecting the witness'
appearance as the presiding officer may request. The presiding officer shall
confine the evidence to the questions before the hearing but shall not apply
the technical rules of evidence. Every witness shall be subject to questioning
by the council or by any other representative of the council, but
cross-examination by private persons shall not be permitted unless
the-presiding officer expressly permits it.
(e) All interested persons and governmental
agencies shall be afforded an opportunity to submit data, views, or arguments
which are relevant to the matters specified in the notice of hearing. in
addition, or in lieu thereof, persons or agencies may also file with the
council a written protest or other comments or recommendations in support of or
in opposition to the proposed rule. Written protest, comments, or
recommendations or replies thereto shall not be accepted unless an original and
five copies are filed. The presiding officer may extend for good cause the
period for filing written protest, comments, or recommendations beyond the
hearing date.
(f) Unless otherwise
specifically ordered by the council, testimony given, at the public hearing
shall not be reported verbatim. All supporting written statements, maps,
charts, tabulations, or similar data offered in evidence at the hearing, and
which are deemed by the presiding officer to be authentic and relevant, shall
be received in evidence and made a part of the record, unless the presiding
officer finds that the furnishing of copies is impracticable, six copies of the
exhibits shall be submitted.
Notes
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