Current through November, 2024
Section 13-197-7 - Conduct of public hearing on proposed adoption, amendment, or repeal of rule(a) Each public hearing on a proposed adoption, amendment, or repeal of a rule shall be presided over by the chairperson or other person designated by the chairperson. The hearing shall be conducted in a manner which affords interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and obtains a clear and orderly record.(b) Each hearing shall be held at the time and place set in the notice but at that time and place may be continued 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.(c) At the commencement of the 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 notices in an order the presiding officer shall prescribe.(d) All interested persons and agencies of the State or its political subdivisions shall be given reasonable opportunity to offer testimony, orally or in writing, with respect to the matters specified in the notice. All persons, before proceeding to testify, shall state their names, addresses, and whom they represent, and shall give such other information respecting their appearances as the presiding officer may request. Every person testifying shall be subject to questioning by members of the review board but questioning by private persons shall not be permitted without the presiding officer's permission. The presiding officer shall confine the testimony to the subject matter of the hearing. All written testimony offered may be submitted to the review board at its office not less than twenty-four hours prior to the hearing. Persons submitting written testimony on the day of the hearing shall furnish twelve copies of the testimony to the review board prior to the hearing.(e) Unless otherwise specifically ordered by the review board, testimony given at the hearing shall 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 authentic and relevant, shall be received in evidence and made part of the record. Unless the presiding officer finds that the furnishing of copies in impracticable, two copies of the exhibits shall be submitted.(f) At the close of the final public hearing, the presiding officer shall announce the decision of the review board or announce the date when it intends to make a decision.[Eff 6/22/81; am and comp 3/9/89] (Auth: HRS § 6E-5.5, 91-2) (Imp: HRS § 91-3)