Haw. Code R. § 19-1-23 - Conduct of Hearing

(a) Each rule making hearing shall be presided over by the director or the director's representative. The hearing shall be conducted in such way as to afford to any interested person a reasonable opportunity to be heard oh matters relevant to the issues involved and so as to obtain a clear and orderly record. The presiding officer shall have authority to take all actions necessary to the orderly conduct of the hearing.

(b) At the commencement of the hearing, the presiding officer shall summarize the notice of the hearing and outline briefly the procedure to be followed. Testimony on the matters specified in the notice of the hearing shall then be received in such order as the presiding officer shall prescribe.

(c) Submission of evidence. All interested persons shall be given reasonable opportunity to offer evidence with respect to the matters specified in the notice of hearing. Every witness shall, before proceeding to testify, state his or her name, address, and whom he or she represents at the hearing, and shall give such other information respecting his or her appearance as the presiding officer may request. The presiding officer shall confine the evidence to the questions before the hearing but shall not apply technical rules of evidence. Every witness shall be subject to questioning by the presiding officer, but cross-examination by private persons shall not be permitted except if the presiding officer expressly permits it.

(d) Oral and written presentation at the hearing. All interested persons or agencies of the State or political subdivisions of the State will be afforded an opportunity to submit data, views or arguments which are relevant to the issues. In addition, or in lieu thereof, persons or agencies may also file with the department within five calendar days following the close of the hearing a written protest, other comments or recommendations in support of or in opposition to the proposed rulemaking. Written protest, comments or recommendations or replies thereto will not be accepted unless an original and two copies are filed. The period for filing written protest, comments or recommendations may be extended by the presiding officer for good cause.

(e) Transcript of the evidence. Unless otherwise specifically ordered by the presiding officer, testimony given at a rulemaking hearing need not be reported verbatim. All supporting written statements, maps, charts, tabulations or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made a part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, two copies of the exhibits shall be submitted.

(f) Continuance of hearing. Each such hearing shall be held at the time and place set in the notice of hearing, but such time may be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the scheduled time and place.

Notes

Haw. Code R. § 19-1-23

[Eff 6/1/81; am 9/18/92; comp OCT 16 2000] (Auth: HRS § 91-2) (Imp: HRS § 91-3)