Haw. Code R. § 4-1-27 - Conduct of rulemaking hearings
(a) Each hearing
shall be held before the board or presided over by a hearing officer.
(b) The board or hearing officer shall be
authorized to take all actions necessary for the orderly conduct of the
hearing.
(c) Each hearing shall be
held at the time and place set in the notice of hearing, but may be continued
by the board or hearing officer from day to day or adjourned to a later date or
to a different place without notice other than an announcement at the
hearing.
(d) The hearing shall be
conducted in such a way as to afford interested persons a reasonable
opportunity to offer evidence on the matters specified in the notice of hearing
and to obtain a clear and orderly record. However, in order to avoid
unnecessary, cumulative evidence, the board or hearing officer may limit the
number of witnesses or the time allowed for testimony.
(e) At the commencement of the hearing, the
notice of hearing shall be read and the procedure to be followed shall be
outlined briefly. Evidence shall then be received with respect to the matters
specified in the notice of hearing in such order as the board or hearing
officer prescribes.
(f) All
interested persons and agencies shall be afforded an opportunity to submit
orally or in writing data, views, or arguments that are relevant to the matters
specified in the notice of hearing. The board or hearing officer may require
the filing of an original and eight copies of all written comments,
recommendations, or replies.
(g)
Before proceeding to testify, all interested persons shall:
(1) State their name, address, and whom they
represent; and
(2) Give any
information respecting their appearance as the board or hearing officer may
request.
(h) Witnesses
shall be subject to questioning by members of the board or by any other
representative of the board. Cross examination by other persons or agencies
shall be permitted only at the discretion of the board or hearing
officer.
(i) The board or hearing
officer shall confine the evidence to the questions before the hearing, but
need not apply the technical rules of evidence.
(j) Unless otherwise ordered by the board or
hearing officer, testimony given at the public hearing shall not be reported
verbatim.
(k) All supporting
written statements, maps, charts, tabulations, or similar data offered in
evidence at the hearing, and which are deemed by the board or hearing officer
to be authentic and relevant, shall be received in evidence and made a part of
the record.
Notes
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