Current through November, 2024
Section 6-23-35 - Procedure at hearings(a) All hearings shall be conducted pursuant to chapter 91, HRS, and this subchapter, before a hearing officer. All parties shall be afforded the full opportunity to present evidence and argument on all issues. If there is no dispute of fact, the hearing officer may permit the parties to proceed by memoranda of law in lieu of a hearing.(b) The hearing shall proceed as follows:(1) Opening statements. Petitioner shall first present opening statements, followed by respondents;(2) Evidence. Petitioner shall first present evidence, followed by respondents, followed by any rebuttal evidence;(3) Witnesses. Each witness shall be examined first by the party calling the witness before cross-examination by the opposing party;(4) Closing argument. After all evidence and witnesses have been admitted, petitioner shall first make closing arguments, if necessary, and respondent shall then make closing arguments, if necessary.(c) The hearing shall conclude after closing arguments have been made and the hearing officer is satisfied that no further evidence or argument is necessary. [Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 91-2, 91-9, 91-10, 92-16)