Haw. Code R. § 13-197-14

Current through November, 2024
Section 13-197-14 - Conduct of hearing
(a) Contested case hearings shall be conducted in accordance with this subchapter, chapter 91, Hawaii Revised Statutes, and section 92-16, Hawaii Revised Statutes.
(b) The presiding officer shall have the power to give notice of the hearing, administer oaths, compel attendance of witnesses, and the production of documentary evidence, examine witnesses, certify to official acts, issue subpoenas, rule on offers of proof, receive relevant evidence, hold conferences before and during hearings, rule on objections or motions, fix times for submitting documents, briefs, and dispose of other matters that normally and properly arise and which are necessary for the orderly and just conduct of a hearing. The review board members may examine and cross-examine witnesses.
(c) The chairperson of the review board shall be the presiding officer. However, the chairperson may designate another review board member, an appointed representative or a master to be presiding officer unless prohibited by law.
(d) The review board may conduct the hearing or, unless otherwise prohibited by law, the review board in its discretion may designate a hearing officer or master to conduct contested case hearings.
(e) The presiding officer shall provide that a verbatim record of the evidence presented at any hearing is taken unless waived by all the parties. Any party may obtain a certified transcript of the proceedings upon payment of the fee established by law for a copy of the transcript.
(f) The petitioner shall make the first opening statement and the last closing argument unless the review board directs otherwise. Other parties shall be heard in an order the presiding officer directs.
(g) Where a party is represented by more than one counsel, they may allocate witnesses between them but only one of the counsel shall be permitted to cross-examine a witness or to state any objections or to make closing arguments.
(h) Each party shall have the right to conduct cross-examinations of the witnesses as required for a full of true disclosure of the relevant facts and shall have the right to submit rebuttal evidence, subject to limitation by the presiding officer.
(i) To avoid unnecessary or repetitive evidence, the presiding office may limit the number of witnesses, the extent of direct or cross examination, or the time for testimony upon a particular issue, subject to law.
(j) Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.

Haw. Code R. § 13-197-14

[Eff and comp 3/9/89] (Auth: HRS §§ 91-2, 6E-5.5) (Imp: HRS § 91-9, 92-16)