Haw. Code R. § 18-245-2.5-6 - Proceedings upon demand for hearing on action taken relating to a tobacco retail permit

(a) If a demand for a hearing is filed within the time prescribed, the department shall order a hearing pursuant to procedures complying with chapters 91 and 245, HRS.

(b) For purposes of proceedings relating to action taken upon a retail tobacco permit, the director shall conduct the hearings, shall render the decision, and shall issue such orders and take such actions as may be required; provided that the director may designate an agent who shall be the presiding officer, conduct the hearings, and make recommendations in writing to the director, which recommendations shall include recommendations as to findings of fact and conclusions of law. The director shall then render the decision as to findings of fact and conclusions of law and shall issue such orders and take such actions as may be further required.

(c) In all such proceedings, the director's authorized agent shall have the power to give notice of the hearing, arrange for the administration of oaths, examine witnesses, certify official acts, rule on offers of proof, receive relevant evidence, regulate the course and conduct of the hearing, including regulating the manner of any examination of a witness to prevent harassment or intimidation and ordering the removal of disruptive individuals, and perform such other duties necessary for the proper conduct of the hearing.

(d) The director's authorized agent shall take a verbatim record of the evidence presented at any hearing by any reasonable means within the agent's discretion, including an audio recording. The director's authorized agent may engage the services of a stenographer, or someone similarly skilled, to take a verbatim record of evidence presented at any hearing. Any party may request a certified transcript of the proceedings. The party making the request for the services of a stenographer or certified copies of the hearing shall be responsible for the relevant fees.

(e) A director's authorized agent shall be disqualified from deciding a contested matter if the agent:

(1) Has a substantial financial interest, as defined in section 84-3, HRS, in a business or other undertaking that will be directly affected by the decision of the contested case;

(2) Is related within the third degree by blood or marriage to any party to the proceeding or any party's representative or attorney;

(3) Has participated in the investigation preceding the institution of the contested case proceedings or has participated in the development of the evidence to be introduced in the hearing; or

(4) Has a personal bias or prejudice concerning a party that will prevent a fair and impartial decision involving that party.

(f) If a director's authorized agent is absent or otherwise unable to proceed with the agent's duties associated with a contested case or hearing, the director may designate another representative to serve as a substituting presiding officer without abatement of the proceedings.

(g) No person shall communicate with the director's authorized agent regarding matters to be decided by the agent with the intent, or the appearance of intent, to influence the decision of the agent, unless all of the parties to the proceedings are given notice of the communication and an opportunity to also communicate. The director's authorized agent shall disclose any ex parte communications or attempts at ex parte communications on the record and allow all parties the opportunity to respond, refute, or comment on any such communication.

Notes

Haw. Code R. § 18-245-2.5-6

[Eff 04/26/2007] (Auth: HRS § 245-2.5, HRS § 245-12) (Imp: HRS § 245-13)