Haw. Code R. § 5-1-63 - Conduct of hearing
(a) Each rulemaking
hearing shall be presided over by the director or the director's
representative. The hearing shall be conducted in such a way as to afford to
any interested person a reasonable opportunity to be heard on matters relevant
to the issues involved and so as to obtain a clear and orderly record. The
presiding officer shall have authority to take all actions necessary for the
orderly conduct of the hearing.
(b)
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.
Testimony shall then be received with respect to the matters specified in the
notice of hearing in such order as the presiding officer shall
prescribe.
(c) All interested
persons shall be given reasonable opportunity to offer testimony with respect
to the matters specified in the notice of hearing. Every witness shall, before
proceeding to testify, state the witness's name, address, and whom the witness
represents at the hearing, and shall give such other information respecting the
witness's appearance as the presiding officer may request. The presiding
officer shall confine the testimony to the questions before the hearing. Every
witness shall be subject to questioning by the presiding officer, but
cross-examination by private persons shall not be permitted unless the
presiding officer expressly permits it.
(d) All interested persons or agencies of the
State or counties of the State will be afforded an opportunity to submit during
the hearing data, views, or arguments that are relevant to the issues. In
addition, or in lieu thereof, persons or agencies may also file with the
department within five calendar days following the close of the hearing a
written protest, other comments, or recommendations in support of or in
opposition to the proposed rulemaking. Written protest, comments, or
recommendations or replies thereto will not be accepted unless an original and
two copies are filed. The period for filing a written protest, comments, or
recommendations may be extended by the presiding officer for good
cause.
(e) Unless otherwise
specifically ordered by the presiding officer, testimony given at a rulemaking
hearing need not be reported verbatim. All supporting written statements, maps,
charts, tabulations, or similar data offered in evidence to the hearing, and
which are deemed by the presiding officer to be authentic and relevant, shall
be received and made a part of the record. Unless the presiding officer finds
that the furnishing of copies is impracticable, two copies of the exhibits
shall be submitted.
(f) A
rulemaking hearing shall be held at the time and place set in the notice of
hearing, but the hearing may be continued by the presiding officer from day to
day or adjourned to a later date or to a different place without notice other
than the announcement of the continuation or adjournment during or at the end
of the hearing held at the scheduled time and place.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.