Haw. Code R. § 6-20-16 - Conduct of hearing

(a) In the event that the board, at its discretion, sets the petition for hearing, the chairperson or other member of the board designated by the chairperson, or a hearing officer designated by the board, shall preside at all hearings governed by this subchapter.

(b) The presiding officer shall have the following powers and duties:

(1) To continue or postpone, at the request of a party, any hearing;

(2) To regulate the course and conduct of the hearing;

(3) To administer oaths and affirmations;

(4) To examine witnesses;

(5) To issue subpoenas;

(6) To rule on offers of proof and to accept evidence;

(7) To hold conferences, before or during the hearing, for the simplification of issues; and

(8) To rule on motions and dispose of procedural requests and similar matters.

(c) The presiding officer shall convene the hearing and summarize what is stated and requested in the petition. Except as otherwise provided by law, the party initiating the proceeding shall have the burden of proof, including the burden of producing evidence and the burden of persuasion. The degree or quantum of proof shall be a preponderance of the evidence. The party having the burden of proof shall proceed first in the presentation of opening statements, witnesses, and arguments, followed by the executive director and any other person duly admitted by the board to the proceedings.

Notes

Haw. Code R. § 6-20-16

[Eff and comp 11/26/93; am and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2, 91-8) (Imp: HRS §§ 91-8, 91-10, 92-16) Am and comp 4/11/2022