Haw. Code R. § 12-43-27

Current through November, 2024
Section 12-43-27 - Hearings, in general
(a) All hearings shall be conducted by the board or a duly appointed hearings officer.
(b) Hearings shall be open to the public, except for hearings under chapter 396, HRS, unless otherwise provided by this chapter, or order, for good cause, by the board. Unless otherwise provided by law, any hearing may be conducted by remote access, as determined by and at the discretion of the board.
(c) Unless otherwise provided by law, the board, in conducting a hearing, shall have the powers, without limitation, to:
(1) Hold hearings and issue notices;
(2) Administer oaths and affirmations;
(3) Consolidate hearings or several proceedings, provided that those actions shall be conducive to effectuating the ends of justice and shall not unduly delay the proceedings or hinder, harass, or prejudice any party;
(4) Subpoena and examine witnesses;
(5) Issue subpoenas;
(6) Rule upon offers of proof, to receive relevant evidence, and to exclude evidence which is irrelevant, immaterial, privileged, or unduly repetitious, and accordingly may restrict lines of questioning or testimony;
(7) Regulate the scheduling, course, manner, and conduct of the hearing, and the continuance of any proceeding or hearing;
(8) Regulate the manner of any examination so as to prevent needless and unreasonable harassment, intimidation, or embarrassment of any witness or party at the hearing;
(9) Regulate the amount of time for presentation of opening statements, closing statements, and oral arguments;
(10) Remove and hold in contempt disruptive individuals including any party, legal counsel, representative, witness, or observer;
(11) Hold conferences before or during the hearing, for the settlement or simplification of issues;
(12) Rule on motions and dispose of procedural matters;
(13) Issue oral and minute rulings and orders to dispose of procedural or substantive matters, the basis for which will be incorporated or addressed in a final decision or order;
(14) Examine, after notice to all parties, any site or tangible evidence relevant to the case; and
(15) Dispose of any other matter that normally and properly arises during the proceedings and to take any action authorized by this chapter, chapters 89, 377, or 396, HRS, or any other related laws.
(d) Unless requested for purposes of rehearing or court review or otherwise required by law, the board is not required to transcribe the record of any proceeding. However, the parties may agree to have the proceedings transcribed at their own cost and to stipulate that the transcript be deemed the official record of the proceeding.
(1) Anytime a party references a portion of a transcript not deemed the official record during the proceedings, including but not limited to at the hearing, or in a post-hearing brief or other filed document, the party is required to file with the board a copy of the entire transcript to which the reference is made simultaneously or before the reference being made.
(2) Anytime a party makes reference to an audio or videotape, including but not limited to during the hearing, or in the party's post-hearing argument or brief or other filed document, the party shall cite the date of the recording and the counter number or time at which the cited material is located on the audio or videotape.

Haw. Code R. § 12-43-27

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-5, 89-14, 91-9, 377-9, 396-11.5)