Haw. Code R. § 19-1-8 - Commencement

(a) A hearing on a contested matter shall be commenced by the department on its own motion or upon the complaint or petition of any interested person or agency, of the state or county governments, when the processing of such complaint or petition necessitates such a hearing.

(b) No hearing on a contested case shall be held until due notice is given to all parties as provided in chapter 91, Hawaii Revised Statutes.

(c) A complaint or petition by an aggrieved person or proper party or by an interested agency, of the state or county governments, requesting such a hearing shall contain concise statements of:

(1) the legal authority under which the proceeding, hearing or action is to be held or made,

(2) the disagreement, denial, grievance or such matter which is being contested by the complainant or petitioner,

(3) the basic facts and; issues raised, and

(4) the relief to which the party, complainant or petitioner deems itself entitled. The department may prepare departmental forms which may be substituted for any complaint or petition which may be required for any authorized proceedings pursuant to law or rules.

(d) The director shall conduct the hearings on a contested case and shall render the decision and shall issue such orders and take such actions as may be required; provided that the director may designate a representative who shall be the presiding officer and shall conduct such hearings and shall 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 decisions as to findings of fact and conclusions of law and shall issue such orders and take such actions as may be further required.

(e) In all such hearings, the presiding officer shall have the power to give notice of the hearing, administer oaths, compel attendance of witnesses and the production of documentary evidence, examine witnesses, take depositions, certify to official acts, issue subpoenas, rule on offers of proof, receive relevant evidence and perform such other duties necessary for the proper conduct of such hearings.

(f) Any rule of these rules of practice and procedure may be suspended or waived by the department or by the presiding officer, before whom the matter is heard, to prevent undue hardship in any particular instance.

(g) The hearing officer may engage the services of a stenographer or someone similarly skilled, to take a verbatim record of the evidence presented at any hearing. If a verbatim record is taken, any party may request a certified transcript of the proceedings. The party making the request shall be responsible for the fees for the transcript.

Notes

Haw. Code R. § 19-1-8

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