Haw. Code R. § 13-300-13 - Conduct of rulemaking

(a) Each rulemaking public hearing shall be presided over by the presiding officer or its designated hearings officer. The hearing shall be conducted in such a manner as to afford all interested persons a reasonable opportunity to submit data, views, or arguments through testimony, orally or in writing, on issues relevant to the proposed rulemaking in order to obtain a clear and orderly record. The presiding officer or hearings officer shall have the authority to administer oaths or affirmations and to take all other actions necessary for the orderly conduct of the hearing.

(b) The hearing shall be held at the time and place set in the notice of hearing, but may at such time and place be continued by the presiding officer or hearings officer from day to day, or adjourned to a later date, or to a different place, without notice other than the announcement thereof at the hearing. Where the proposed rulemaking affects only one county, the hearing shall be held in that county only.

(c) At the commencement of a hearing, the presiding officer shall read the notice of the hearing and shall 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 as the presiding officer or hearings officer shall prescribe.

(d) Before testifying, all interested persons shall state their name, address, and whom they represent at the hearing, and give any other information respecting their appearance as the presiding officer or hearings officer determines necessary to the orderly conduct of the hearing.

(e) Unless otherwise ordered by the presiding officer or hearings 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 shall be received in evidence and made a part of the record. Unless the presiding officer or hearings officer finds that the furnishing of copies is impracticable, two copies of the exhibits shall be submitted.

(f) The department shall fully consider all written and oral submissions before taking final action in a rulemaking proceeding.

Notes

Haw. Code R. § 13-300-13

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-43, 6E-43.5, 6E-43.6, 91-3)