Haw. Code R. § 13-1-24 - Conduct of rulemaking hearing

(a) Each hearing shall be presided over by the chairperson of the board or by its designated representative. The hearing shall be conducted in such a way as to afford to interested persons a reasonable opportunity to be heard on the proposed rulemaking. The presiding officer shall have authority to administer oaths or affirmations, if appropriate, and to take all other actions necessary to the orderly conduct of the hearing.

(b) At the commencement of the hearing, the presiding officer shall read the pertinent portions of the notice of the hearing and shall then outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of hearing in the order the presiding officer shall prescribe.

(c) All interested persons shall be given reasonable opportunity to offer testimony which may consist of data, views, or arguments with respect to the matters specified in the notice of hearing. Every person testifying may, when appropriate and at the discretion of the presiding officer before proceeding to testify, be sworn, and may be required thereafter to state the witness', name, address, and whom the witness represents at the hearing, and give any other information respecting the witness' appearance as the presiding officer may request. It is not necessary that persons testifying be sworn, but the presiding officer may, if he or she deems it to be necessary, place persons testifying under oath. The presiding officer shall confine the testimony to the proposed rulemaking. Every person testifying shall be subject to questioning by the presiding officer or by any other representative of the board.

(d) All interested persons or agencies of the State or its political subdivisions shall be afforded an opportunity to submit data, views, or arguments which are relevant to the issues. In addition, or in lieu thereof, interested persons or agencies may also file with the board within ten calendar days following the close of public hearing a written protest or other comments or recommendations in support of or in opposition to the proposed rulemaking. Persons designated by the presiding officer shall be furnished with copies of any written protest or other comments or recommendations, and they shall be afforded a reasonable time within which to file their comments in reply to the original protests, comments, or recommendations. Written protests, comments or recommendations or replies thereto shall not be accepted unless an original and one copy are filed. The period for filing written protests, comments, or recommendations may be extended by the presiding officer for good cause.

(e) Unless otherwise specifically ordered by the board or the presiding officer, testimony given at the hearing need not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered at the hearing, and which are deemed by the presiding officer to be relevant, shall be received and made a part of the record. Unless the presiding officer finds that the furnishing of the required number of copies impracticable and reduces the number, eleven copies of the exhibits shall be submitted.

(f) At the close of the final public hearing, the board shall announce the date when its decision shall be announced, or the board may, if it so desires, make the decision at the public hearing. The board shall consider all relevant comments and materials of record before taking final action in a rulemaking proceeding.

Notes

Haw. Code R. § 13-1-24

[Eff 6/22/81; am and comp 2/27/09] (Auth: HRS § 171-6) (Imp: HRS §§ 91-3, 92-16)