Haw. Code R. § 6-23-14 - Jurisdiction; presiding officer; powers and duties

(a) The hearing officer appointed by the system shall preside over contested case hearings governed by this subchapter. The chairperson of the board or other member of the board designated by the chairperson shall preside over hearings of arguments on exceptions under section 6-23-20. The hearing officer, and chairperson of the board or other member of the board designated by the chairperson, shall have jurisdiction over those matters expressly authorized by this subchapter, respectively.

(b) With respect to contested case hearings governed by this subchapter, the hearing officer as the presiding officer shall have the following powers and duties:

(1) To determine the time and place of hearing and, in the hearing officer's discretion or at the request of a party, to continue or postpone 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 receive evidence;

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

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

(9) To remand, in the hearing officer's discretion, to the medical board or designated entity the certifications and findings involved in the petition, or any matter or issue related thereto; and to accept from the medical board or designated entity any new or amended report or documents, including any new certifications or findings;

(10) To make a recommended decision to the board;

(11) To dispose of any matter that normally and properly arises before or in the course of the hearing; and

(12) To take any other action authorized by this subchapter or by law that the hearing officer may deem necessary for the orderly and just conduct of the hearing.

(c) With respect to hearings of arguments on exceptions governed by this subchapter, the chairperson of the board or other member of the board designated as presiding officer shall have the following powers and duties:

(1) To determine the time and place of the hearing of arguments on exceptions and, in the presiding officer's discretion or at the request of a party, to continue or postpone any hearing;

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

(3) To take any other action authorized by this subchapter or by law that the presiding officer may deem necessary for the orderly and just conduct of the hearing.

(d) The substantive provisions of sections 6-22-5, 6-22-6, and 6-22-7 shall apply to contested case hearings and arguments on exceptions under this subchapter.

Notes

Haw. Code R. § 6-23-14

[Eff 11/9/81; am and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 88-82, 91-2, 91-9, 92-16) Am and comp 4/11/2022