Haw. Code R. § 16-181-21 - Powers and duties of the arbitrator

(a) The assigned arbitrator shall conduct a fair, impartial, and orderly hearing, taking all necessary action to avoid delay in the disposition of proceedings. The arbitrator shall have all powers necessary to meet these ends, including, but not limited to, the power to:

(1) Administer oaths or affirmations to witnesses;

(2) Consider any and all evidence offered by the parties which the arbitrator deems necessary to an understanding and development of the facts and a determination of the dispute;

(3) Regulate the course of the hearing and the conduct of the parties, their representatives, and witnesses;

(4) Inspect or ride the consumer's vehicle, if deemed necessary by the arbitrator, and if requested by either party, during the course of a hearing, or at such other time as may be determined; and

(5) Construe and apply the provisions of chapter 481I, HRS, and rules adopted thereunder.

(b) Arbitrators shall maintain their impartiality throughout the course of the proceedings and rendering of their decisions.

(c) There shall be no ex parte communication regarding the merits of a case between the parties, between a person who has a direct or indirect interest in the case and a party, or between a party and the arbitrator any time before the rendering of a decision. Any oral or written communications among the parties and the arbitrator shall be channeled through the program administrator.

(d) Any arbitrator who has received an ex parte communication or who has received a threat or offer of reward by any person with respect to the conduct or outcome of an arbitration proceeding, shall place in the record the following:

(1) All written communications received;

(2) All written responses to such communications; and

(3) A memorandum stating the substance of any and all oral communications received and all oral responses made.

(e) Any arbitrator who has received an ex parte communication shall notify the program administrator of the communication. If the communication was received after the hearing and before an award has been rendered:

(1) The parties shall be notified of the communication;

(2) The communication shall be made a part of the record; and

(3) The parties shall be advised that they may file a response to the communication.

(f) If deemed necessary by the program administrator or the department, to eliminate the effect of the communication, the arbitrator shall recuse himself or herself or shall be disqualified and a substitute arbitrator assigned.

Notes

Haw. Code R. § 16-181-21

[Eff 3/3/97; comp 10/8/05] (Auth: HRS § 481I-4) (Imp: HRS § 481I-4)