Haw. Code R. § 15-300-24 - Board proceedings, generally

The following shall apply to proceedings before the board under subchapter 3, contested cases, and subchapter 4, declaratory relief:

(1) Unless otherwise provided in this chapter, all documents, as required by these rules, including memoranda and other documents requested by the board, shall be filed with the corporation prior to the date of the proceeding;

(2) The board, at the written request of a party to the proceeding, shall have the power to issue subpoenas as provided under law, requiring the attendance of witnesses or the production of documents at the hearing. The party requesting the issuance of a subpoena shall identify with particularity the person or documents to be subpoenaed. Witnesses so summoned shall be paid the same fees as are paid witnesses in the courts in the State of Hawaii and such fees, including mileage, shall be paid by the party who requests the issuance of the subpoena. The board may require deposit of such fees by the requesting party before the issuance of the subpoena. The board may deny or modify the issuance of the subpoena, if it is unreasonable or oppressive or fails to comply with the requirements under law;

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

(4) The proceeding shall be recorded, but it shall not be necessary to transcribe the record unless requested by the party. The proceedings shall be tape recorded unless a party requests the services of a court reporter to record the proceeding verbatim. In the event a court reporter is requested, the secretary to the board shall be given notice thereof at least seven calendar days prior to the commencement of the proceeding. The cost of the transcriptions of the proceedings shall be borne by the requesting party;

(5) A party may submit written requests to the board regarding a matter pending before the board prior to the commencement of the proceeding. The chairperson may, but shall not be required to, issue a ruling on the request prior to the commencement of the proceeding;

(6) Rules of evidence as stated in section 91-10, HRS, shall apply;

(7) An offer of proof for the record shall consist of a statement of the substance of the evidence to which objection has been sustained;

(8) Documents offered in evidence shall be accepted upon ruling of the chairperson;

(9) Proposed findings of fact, conclusions of law, decisions and orders shall not be accepted unless submitted no later than seven business days after the day the proceedings were concluded, or such other time as may be established by the board or hearings officer; and

(10) Appeal of a decision may be made to the circuit court, as provided by law.

Notes

Haw. Code R. § 15-300-24

[Eff June 15 2007] (Auth: HRS § 201H-4) (Imp: HRS §§ 91-14, 92-16, 201H-4)