Haw. Code R. § 15-15-59 - Conduct of hearing

(a) The hearing shall be conducted in accordance with this subchapter. Unless otherwise provided by law, the party initiating the proceeding shall have the burden of proof, including the burden of producing evidence and the burden of persuasion.

(b) The presiding officer shall convene the hearing and summarize the proceeding,

(c) Before presenting the case, the parties shall have the opportunity to make opening statements in the order in which they present witnesses. Opening statements may be waived.

(d) Unless otherwise directed by the presiding officer, witnesses shall be called in the following order in a district boundary amendment proceeding:

(1) Witnesses for the petitioner;

(2) Witnesses for the county planning department;

(3) Witnesses for the state office of planning;

(4) Witnesses for each intervenor, in the order in which intervention was granted;

(5) Rebuttal witnesses for the petitioner;

(6) Additional witnesses as the presiding officer may determine.

(e) Witnesses shall be examined in the following order:

(1) Direct examination by the party calling the witness;

(2) Cross-examination by the other parties;

(3) Examination by the presiding officer or any member of the commission;

(4) Redirect examination by the party calling, the witness;

(5) Recross examination by the other parties;

(6) Reexamination by the presiding officer or any member of the commission.

(f) After all parties have presented their cases through testimony and exhibits, all parties may provide closing statements in the order in which they presented witnesses; provided that petitioner may make a rebuttal closing statement. Closing statements may be waived.

Notes

Haw. Code R. § 15-15-59

[Eff 10/27/86; comp 8/16/97; comp MAY 08 2000] (Auth: HRS §§ 205-1, 205-7) (Imp: HRS §§ 91-2, 205-4) Am and comp 11/2/2013; comp 10/18/2019