Haw. Code R. § 20-1.1-19 - Conduct of rulemaking hearing

(a) Public hearing. Unless otherwise specifically-directed by the board, all rulemaking hearings shall be held at Honolulu when the entire State or a major portion thereof is affected by the proposed adoption, amendment or repeal of a rule. However, the board may hold such hearings on a neighbor island if a written request for such a hearing is received by the board within the time specified in the public notice.

When a matter affects only a county other than the city and county of Honolulu, then the hearing shall be held in that county.

(b) Presiding officer. Unless otherwise specifically directed by the board, each rulemaking hearing shall be presided over by the chairperson of the board or by the chairperson's designated representative. The presiding officer shall have authority to take all actions necessary for the orderly conduct of the hearing.

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

(d) Order of hearing. At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. Evidence shall then be received with respect to the matters specified in the notice of hearing in the order prescribed by the presiding officer.

(e) Conduct of hearing. All interested persons, organizations, or agencies shall be given reasonable opportunity to offer testimony which may consist of data, views, or arguments with respect to the matters specified in the notice of hearing. Every witness shall, before proceeding to testify, state the witness' name, address, and whom the witness represents, if any, at the hearing, and shall give other information respecting the witness' appearance as the presiding officer may request. The presiding officer shall confine the testimony to the questions before the hearing and is empowered to confine the testimony so as to keep order. Every person testifying may be subject to questioning by the presiding officer or any other representative of the board, but questioning by private persons shall not be permitted unless the presiding officer expressly permits it.

(f) Submission of evidence. All interested persons, organizations, or agencies may also file with the board within the time period specified in the notice of proposed rulemaking a written protest or other comments or recommendations in support of or in opposition to the proposed rulemaking. Unless the presiding officer finds that the furnishing of copies is impracticable, written protests, comments, or recommendations or replies thereto will not be accepted unless an original and fourteen copies are filed. The period of filing may be extended by the presiding officer for good cause.

(g) Transcript of the testimony. Unless otherwise specifically ordered by the board or the presiding officer, testimony given at the hearing need not be reported verbatim. All supporting written statements and 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, an original and fourteen copies of the supporting written statements and data shall be submitted.

Notes

Haw. Code R. § 20-1.1-19

[Eff 3/18/2018] (Auth: HRS §§ 91-2, 304A-104, 304A-105) (Imp: HRS §§ 91-2, 91-3, 304A-104, 304A-105)