Haw. Code R. § 13-167-22 - Proceedings before the commission

(a) All proceedings before the commission concerning the enforcement or application of any provision of this chapter or any rule adopted pursuant thereto, or the issuance, modification, or revocation of any permit or license under this code by the commission, shall be conducted in accordance with chapter 91, HRS. Hearings regarding particular water resources shall be conducted on the island where those water resources are located.

(b) The commission may on its own motion or on petition or application of any interested person or persons or an agency of the state or county government hold proceedings as necessary from time to time for the purpose of:

(1) obtaining information necessary or helpful in the determination of its policies or actions;

(2) formulating its rules;

(3) carrying out its duties and responsibilities including the designation of water management areas, the permitting of water uses, and the enforcement of rules, orders and legal standards and obligations.

(c) For the purposes permitted by law, the commission may subpoena witnesses and require the production of any document, record, chart, photograph, recording, notes, compilation of information, or any other evidence or form of evidence recognized by law.

(d) The commission shall follow procedures that, in its opinion, best serve the purposes of the proceedings, unless specifically prescribed in these rules, chapter 91, Hawaii Revised Statutes, or by law.

(e) Any rule in this chapter may reasonably be suspended or waived by a majority of the commission to prevent undue hardship in any particular instance upon a showing of good cause, provided that the Commission shall explain in writing the reasons for its action.

(f) Proceedings shall be commenced by order of the commission upon its own motion, or by the filing of a petition or application.

Notes

Haw. Code R. § 13-167-22

[Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 91-2, 92-16, 174C-9)