Haw. Code R. § 11-201-18

Current through September, 2024
Section 11-201-18 - Conduct of Hearing
A. The public hearing for the adoption, amendment, or repeal of rules shall be heard before the council and presided over by the chairperson of the council, or, in the chairperson's absence by another member designated by the council. The hearing shall be conducted in a manner as to afford to interested persons and agencies a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing and so as to obtain a clear and orderly record. The presiding officer shall have authority to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing.
B. Each hearing shall be held at the time and place set in the notice of hearing but at the time and place 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 thereof at the hearing.
C. 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 the order as the presiding officer shall prescribe.
D. Each witness, before proceeding to testify, shall state the witness' name, address, and whom the witness represents at the hearing, and shall give the information respecting the appearance of the witness as the presiding officer may request. The presiding officer shall confine the testimony to the matters for which the hearing has been called but shall not apply the technical rules of evidence. Every witness shall be subject to questioning by the members of the council or by any other representative of the council. Cross-examination by persons or agencies shall be permitted only at the discretion of the presiding officer.
E. All interested persons or agencies shall be afforded an opportunity to submit data, views, or arguments orally or in writing that are relevant to the matters specified in the notice of hearing. The period for filing written comments or recommendations may be extended beyond the hearing date by the presiding officer for good cause. An original and fifteen copies of written comments, recommendations, or replies shall be submitted.
F. Unless otherwise specifically ordered by the council, testimony given at the public hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made a part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, sixteen copies of the exhibits shall be submitted.

Haw. Code R. § 11-201-18

[Eff 12/6/85] (Auth: HRS §§ 91-2, 343-6) (Imp: HRS §§ 91-2, 91-3, 343-6)