Haw. Code R. § 5-1-34 - Presiding officer of hearings; duties and powers

(a) The director shall conduct the hearings on a contested case, 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, conduct the hearings, and 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.

(b) In all such hearings, the presiding officer shall have the power to give notice of the hearing, arrange for the administration of oaths, examine witnesses, certify to official acts, rule on offers of proof, receive relevant evidence, regulate the course and conduct of the hearing, including regulating the manner of any examination of a witness to prevent harassment or intimidation and ordering the removal of disruptive individuals, and perform such other duties necessary for the proper conduct of the hearings.

(c) 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.

(d) The presiding 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. § 5-1-34

[Eff JAN. 16, 1993] (Auth: HRS §§ 28-10.8, 91-2) (Imp: HRS § 91-9)