Haw. Code R. § 13-1-32 - Conduct of hearing
(a) Contested case
hearings shall be conducted in accordance with this subchapter, and chapter
91, HRS .
(b) The board may conduct the hearing or, the
board in its discretion may delegate the conduct of the contested case hearing
to a hearing officer, in which case the chairperson shall select such hearing
officer. As used in this section and in sections 13-1-33, 13-1-34, 13-1-35,
13-1-36, and 13-1-39, unless the context clearly indicates otherwise, the term
"presiding officer" shall mean the presiding officer as defined in section
13-1-2 when the hearing is conducted by the board , but shall mean the hearing
officer when the conduct of the hearing has been delegated to a hearing
officer.
(c) The presiding officer
shall have the power to give notice of the hearing, administer oaths, compel
attendance of witnesses and the production of documentary evidence, examine
witnesses, certify to official acts, issue subpoenas, rule on offers of proof,
receive relevant evidence, hold conferences before and during hearings, rule on
objections or motions, fix times for submitting documents, briefs, and dispose
of other matters that normally and properly arise in the course of a hearing
authorized by law that are necessary for the orderly and just conduct of a
hearing. If the hearing is conducted by the board , the board members may
examine and cross-examine witnesses.
(d) The presiding officer shall provide that
a verbatim record of the evidence presented at any hearing is taken unless
waived by all the parties. Any party may obtain a certified transcript of the
proceedings upon payment of the fee established by law for a copy of the
transcript.
(e) In hearings on
applications, petitions, complaints, and violations, the applicant , petitioner ,
complainant, or in the case of violations, the department shall make the first
opening statement and the last closing argument unless the board directs
otherwise. Other parties shall be heard in such order as the presiding officer
directs.
(f) Where a party is
represented by more than one counsel or representative, they may allocate
witnesses between them but only one of the counsel or representative shall be
permitted to cross-examine a witness or state any objections or make closing
arguments.
(g) Each party shall
have the right to conduct such cross-examinations of witnesses as may be
required for a full and true disclosure of the relevant facts and shall have
the right to submit rebuttal evidence, subject to limitations by the presiding
officer.
(h) To avoid unnecessary
or repetitive evidence, the presiding officer may limit the number of
witnesses, the extent of direct or cross examination or the time for testimony
upon a particular issue.
Notes
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