Haw. Code R. § 6-23-16 - Conduct of contested case hearing

(a) The hearing officer shall convene the hearing and summarize the issues in the petition. The petitioner 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.

(b) Before presenting the case, the petitioner shall have the opportunity to make an opening statement. The deputy attorney general or other counsel assigned to the respondent medical board or designated entity shall also have the opportunity to make an opening statement then or after the petitioner has presented the petitioner's case. Opening statements may be waived by either party.

(c) Witnesses shall testify in the following order:

(1) Witnesses for the petitioner;

(2) Witnesses called by the respondent;

(3) Witnesses for the petitioner in rebuttal;

(4) Witnesses called by the respondent in rebuttal;

(5) Additional witnesses as the presiding officer may deem necessary.

(d) Witnesses shall be examined in the following order:

(1) Direct examination by the party calling the witness;

(2) Cross examination by the other party;

(3) Redirect examination by the party calling the witness;

(4) Recross examination by the other party;

(5) Examination by the presiding officer or any member of the board.

(e) After the presentations of evidence is concluded, unless the petition is submitted by either party or both parties without argument, the petitioner shall open the argument followed by argument by the respondent and the petitioner may present rebuttal argument which shall be limited to countering any matter or argument presented by the respondent. Reasonable time limits may be imposed by the hearing officer for argument. Argument may be waived by either party.

(f) The hearing officer, within such time limits as the hearing officer may impose, may permit the parties to submit written memoranda in support of their respective positions and proposed findings of fact and conclusions of law.

Notes

Haw. Code R. § 6-23-16

[Eff 11/9/81; am and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 88-82, 91-2, 91-9, 91-10, 92-16) Am and comp 4/11/2022