Haw. Code R. § 15-219-28 - Board proceedings, generally

Unless otherwise provided in this chapter, the following shall apply to proceedings before the authority:

(1) The presiding officer shall control the schedule and course of the proceeding, administer oaths, receive offers of proof, receive evidence, hold appropriate conferences before and during proceedings, rule upon all objections or motions which do not involve a final determination of the proceedings, fix the time for the filing of papers, and dispose of any other matter or take all other actions authorized by law that are deemed necessary to the orderly and just conduct of a proceeding;

(2) Witnesses shall be placed under oath prior to testifying;

(3) To avoid unnecessary cumulative evidence, the presiding officer may limit the number of witnesses or the time for testimony upon a particular issue;

(4) The presiding officer may require the production of further evidence upon any issue or may call other competent witnesses to testify upon any issue;

(5) The presiding officer shall not be bound by the common law rules relating to the admission or rejection of evidence. The presiding officer may exercise discretion in these matters, limited only by considerations of relevancy, materiality, and repetition, and shall give effect to the rules of privilege recognized by law;

(6) The presiding officer may receive copies or excerpts of documentary evidence if the original is not readily available, provided that all parties are afforded the opportunity to compare the copy or excerpt with the original if so requested;

(7) The presiding officer may take notice of judicially recognizable facts or generally recognized technical or scientific facts within the authority's specialized knowledge, provided that the parties are notified before or during the hearing and are afforded an opportunity to contest the facts noticed;

(8) The presiding officer may postpone or continue any hearing to ensure the orderly and just conduct of a hearing;

(9) No matters outside the record shall be considered;

(10) The presiding officer may remove any person who willfully disrupts a proceeding; and

(11) All proceedings shall be recorded. It shall not be necessary to transcribe the record unless requested by a party to the proceeding or the presiding officer. If a party to the proceeding requests a court reporter, then the cost of the transcription shall be borne by the requesting party.

Notes

Haw. Code R. § 15-219-28

[Eff MAR 02 2012 ] (Auth: HRS §§ 91-9, 91-10, 206E-4) (Imp: HRS §§ 91-9, 91-10, 206E-4)