Haw. Code R. § 14-23.1-3 - Conduct of hearing
(a) The public
hearing for the adoption, amendment, or repeal of rules shall be heard before
the board and presided over by the chairperson of the board or, in the
chairperson's absence, by another member designated by the board. The hearing
shall be conducted in a way as to afford interested persons and agencies a
reasonable opportunity to offer testimony with respect to the matters specified
in the notice of hearing and so as to obtain a clear and orderly record. The
presiding officer shall have authority to administer oaths or affirmations and
to take all other actions necessary to the orderly conduct of the
hearing.
(b) Each hearing shall be
held at the time and place set in the notice of hearing but may, at that time
and place, be continued by the presiding officer from day to day or 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. Testimony
shall then be received with respect to the matters specified in the notice of
hearing in the order the presiding officer shall prescribe.
(d) All witnesses shall, before proceeding to
testify, state their name, address, and whom they represent at the hearing, and
shall give information respecting their appearances as the presiding officer
may request. The presiding officer shall confine the testimony to the matters
for which the hearing has been called but shall not apply the technical rules
of evidence. Every witness shall be subject to questioning by the members of
the board or by any other representative of the board; cross-examination by
persons or agencies shall be permitted.
(e) All interested persons or agencies will
be afforded an opportunity to submit data, views, or arguments, orally or in
writing, that are relevant to the matters specified in the notice of hearing.
The period for filing written comments or recommendations may be extended
beyond the hearing date by the presiding officer for good cause. An original
and four copies are requested when submitting written comments,
recommendations, or replies.
(f)
Unless otherwise specifically ordered by the board, 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,
five copies of the exhibits shall be submitted.
Notes
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