Haw. Code R. § 20-30.1-5 - Procedure

(a) In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

(b) The notice shall include a statement of:

(1) The date, time, place, and nature of hearing,

(2) The legal authority under which the hearing is to be held.

(3) The particular sections of the statutes and rules involved.

(4) An explicit statement in plain language of the issues involved and the facts alleged by the board in support thereof; provided that, if the board is unable to state such issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a bill of particulars shall be furnished.

(5) The fact that any party may appear on their own behalf or may retain counsel if so desired.

(c) Opportunities shall be afforded all parties to present evidence and argument on all issues involved.

(d) 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,

(e) For the purpose of decisions, the record shall include:

(1) All pleadings, motions, 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 officer who presided at the hearing.

(6) Staff memoranda submitted to members of the board in connection with their consideration of the case.

(f) It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review.

(g) No matters outside the record shall be considered by the board in making its decision except as provided in this chapter.

(h) Any contested cases provided for by rules established by the board shall, at a minimum, comply with the rules of procedure and evidence set forth in the rules of this subchapter. Any contested case hearing procedure required by federal or State law or regulation shall take precedence over the procedures established by this subchapter or by any rule established by the board.

Notes

Haw. Code R. § 20-30.1-5

[Eff 10/13/2022] (Auth: HRS §§ 91-2, 304A-302) (Imp: HRS §§ 91-2, 91-9, 304A-302)