Haw. Code R. § 18-234-06 - Hearings
(a) All hearings shall be governed by the
requirements set forth in chapter 91, Hawaii Revised Statutes.
(b) All hearings shall be conducted under the
following procedures:
(1) A claimant shall be
given notice in writing of the hearing by registered or certified mail with
return receipt requested not less than fifteen days before the date of the
hearing. The notice of hearing shall include the date, time, and place of the
hearing. The hearing shall be at the time and place set forth in the notice of
hearing; provided that the chairperson or other designated member, by oral
announcement at the hearing, may continue the hearing from day to day or
adjourn the hearing to the later day or to a different place without further
written notice.
(2) A majority of
members of each commission shall constitute a quorum for the conduct of any
hearing.
(3) The chairperson or
other designated member shall conduct the hearing and shall administer an oath
or affirmation to all witnesses appearing at the hearing.
(4) The hearing any be conducted informally
without adherence to the rules of evidence. The commission may receive any
information or testimony that is relevant or material to any claim, including
hearsay evidence.
(5) All claimants
shall be afforded the opportunity to present information, evidence, and
argument on the valuation of their claimed losses.
(6) Any member of the commission may question
a witness, including a claimant.
(7) In its sole discretion, the commission
may call witnesses other than the claimant's witnesses to provide information,
in the opinion of the commission, additional testimony would be helpful in
ascertaining the amount of losses sustained by a claimant.
(8) The commission may required the
production of documents, records, or other forms of proof of a claim.
(c) Within a reasonable time after
the hearing, and as soon as practicable, the commission shall make a
determination of the claimant's losses and shall certify its findings to the
director. The commission may transmit a copy of its certification to the
director of finance of the county for which it is appointed.
Notes
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