Haw. Code R. § 20-10-14 - Procedures for the administrative hearing on the setoff

(a) Opportunities shall be afforded all parties in a contested case to present evidence and argument on all issues involved.

(b) Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(c) For the purpose of decisions, the record of the contested case shall include:

(1) All pleadings, motions, and intermediate rulings;

(2) Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed;

(3) Offers of proof and rulings thereon;

(4) Proposed findings and exceptions;

(5) Report of the hearing officer who presided at the hearing; and

(6) Staff memoranda submitted to the hearing officer in connection with the hearing officer's consideration of the case.

(d) For the purpose of preserving a record of the proceedings before the hearing officer, the proceedings shall be recorded. It shall not be necessary to transcribe the record unless requested for purposes of rehearing, review by the president or the president's designee, or court review.

(e) Within a reasonable time following the closure of the hearing on the contested case, the hearing officer shall prepare a proposed decision on the case as a recommendation for the president or the president's designee.

(f) No matters outside the record shall be considered by the hearing officer in making a proposed decision, except as provided in this chapter.

(g) Every decision and order rendered by the hearing officer shall be in writing and shall contain a statement of reasons for the decision and shall include a determination of each issue of fact or law necessary to the proposed decision. If any party to the contested case proceeding has filed proposed findings of fact, the hearing officer shall incorporate in the proposed decision a ruling upon each proposed finding so presented.

(h) A copy of the proposed decision shall be served upon both the debtor and the claimant by delivering or mailing a copy of the proposed decision and accompanying findings and conclusions to each party or to the party's attorney of record.

(i) If the debtor is adversely affected by the proposed decision, the debtor shall be afforded an opportunity to file exceptions to the proposed decision and present argument to the president or the president's designee before a final decision on the contested case is rendered by the president or the president's designee. Exceptions shall be filed in the manner set forth in section 20-10-16(b).

Notes

Haw. Code R. § 20-10-14

[Eff 5/9/98; am and comp DEC 12 2002] (Auth: HRS §§ 26-38, 91-2, 231-58) (Imp: HRS §§ 91-2, 91-9 to 91-13, 92-16, 231-53) [Am and Comp3/18/2018] (Auth: HRS §§ 304A-105, 304A-604) (Imp: HRS §§ 304A-105, 304A-602, 304A-604) Comp 10/13/2022