Haw. Code R. § 8-503-2 - Conduct of hearing

(a) Unless otherwise specifically directed by the commission, all public hearings shall be held at Honolulu when the entire State or where two or more islands thereof are affected by the proposed adoption, amendment, or repeal of a rule. When a matter affects only an island or district other than Oahu, then the hearing shall be held on that island or in that district.

(b) Each hearing shall be presided over by a presiding officer who shall be a commission staff person as determined appropriate by the executive director or a member of the commission as approved by the commission's chairperson. The hearing shall be conducted in a way as to afford interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and to obtain a clear and orderly record. The presiding officer shall have authority to administer oaths or affirmations and to take other actions that are necessary to the orderly conduct of the hearing.

(c) Each hearing shall be held at the date, time, and place set in the notice of hearing, but thereafter may be continued by the presiding officer from day to day at the same time and place or to a later date or to a different place without notice other than the announcement at the previous hearing.

(d) At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. Evidence shall then be received with respect to the proposed rulemaking in the order prescribed by the presiding officer.

(e) All interested persons, organizations or agencies shall be given a reasonable opportunity to offer evidence and submit data, views, or arguments with respect to the proposed rulemaking. Every witness before proceeding to testify, shall state the witness' name, address, and whom the witness represents, if any, at the hearing, and shall give other information respecting the witness' appearance as the presiding officer may request. The presiding officer shall confine the evidence to the questions before the hearing but shall not apply the technical rules of evidence. Every witness shall be subject to questioning by the presiding officer, other commission members, or the commission's attorney, but cross-examination by private persons shall not be permitted except with the express permission of the presiding officer.

(f) Persons, organizations, or agencies may also file with the commission within the time period specified in the notice of proposed rulemaking a written protest or other comments or recommendations in support of or in opposition to the proposed rulemaking. The period for filing may be extended by the commission by publishing a notice at least once statewide.

(g) Unless otherwise specifically ordered by the commission or the presiding officer, testimony given at the hearing shall be reported and shall be approved by the commission. All supporting written statements and data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made a part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, an original and nine copies of all exhibits shall be submitted.

Notes

Haw. Code R. § 8-503-2

[Eff. 10/4/2018] (Auth: HRS § 302D-3.5) (Imp: HRS §§ 91-9, 92-16, 302D-3.5)