Haw. Code R. § 13-300-57 - Conduct of hearing

(a) The presiding officer shall preside over the contested case hearing, rule on all procedural and substantive matters, and execute any other acts necessary for the orderly and just conduct of the hearing, including, but not limited to, the following:

(1) The admission of parties;

(2) Provide notice of the hearing to all parties;

(3) Determine the scope of all issues on appeal;

(4) Rule on any evidentiary issue;

(5) Rule on any objection or motion raised by the parties;

(6) Administer oaths;

(7) Compel the attendance of witnesses by issuing a subpoena;

(8) Examine and cross examine witnesses, as is deemed necessary;

(9) Compel the production of documentary evidence;

(10) Certify official acts;

(11) Qualify expert witnesses;

(12) Rule on any offers of proof;

(13) Receive relevant evidence;

(14) Hold conferences before and during hearings;

(15) Fix times for submitting documents and briefs; and

(16) Dispose of any other matters that normally and properly arise.

(b) The members of the appeals panel shall be authorized to examine and cross examine witnesses, as they deem necessary.

(c) The presiding officer shall ensure that the proceedings are tape recorded. Any party may request a copy of the tapes and transcribe the proceedings at the party's own cost.

(d) The petitioner shall make the first opening statement and the last closing argument unless the presiding officer directs otherwise. Other parties shall be heard in the order that the presiding officer directs.

(e) Where a party is represented by more than one counsel, they may allocate witnesses between them but only one counsel shall be permitted to cross examine a witness, or state objections, or make closing arguments.

(f) Each party shall have the right to conduct cross examination of witnesses as required for a full and true disclosure of the relevant facts, and shall have the right to submit rebuttal evidence, subject to limitation by the presiding officer.

(g) To avoid unnecessary or repetitive evidence, the presiding officer shall, subject to applicable law, set limits on the following:

(1) Number of witnesses;

(2) Extent of direct or cross examination; and

(3) Time for testimony upon a particular issue.

(h) A witness may testify in the Hawaiian language, provided the witness translate the Hawaiian testimony where requested.

(i) Any procedure in a contested case hearing may be modified or waived by stipulation of the parties. An informal disposition may be made of any contested case hearing matter by stipulation, agreed settlement, consent decree, or default.

Notes

Haw. Code R. § 13-300-57

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-43, 91-9, 91-9.5, 91-10, 91-11, 92-16)