Current through November, 2024
Section 15-106-43 - Public hearing procedures(a) The public hearing before the authority shall be presided over by the chairperson, or by another member or hearings officer designated by the authority. A quorum of the authority shall not be required in the conduct of the public hearing. A clear and orderly record of the public hearing shall be maintained. The presiding officer shall be authorized to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the public hearing.(b) The public hearing shall be held at the time and place set in the notice of proposed rule making, but may at such time and place be continued by the presiding officer from day to day, or adjourned to a later date or to a different place, or both, without notice other than the announcement at the public hearing.(c) At the commencement of the public hearing, the presiding officer shall outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters referred to in the notice of proposed rule making in such order as the presiding officer prescribes.(d) The presiding officer may limit the number of witnesses or the time for testimony upon a particular issue.(e) Any person who willfully disrupts a public hearing to prevent or compromise the conduct of the hearing shall be removed from the hearing. The presiding officer may reasonably administer oral testimony so as to limit testimony of excessive duration or limit or prohibit any redundant, immaterial, impertinent, or scandalous matter.(f) Before proceeding to testify, witnesses shall state their names, addresses, and whom they represent at the public hearing, and shall give such information respecting their appearances as the presiding officer may reasonably 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. Witnesses shall be subject to questioning by the members of the authority or by any other representative of the authority. Cross examination by other persons shall be permitted only at the discretion of the presiding officer.(g) Any provision of this section to the contrary notwithstanding, at the public hearing, all interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, that are relevant to the matters referred to in the notices of proposed rule making. The period for filing written submissions may be extended beyond the hearing date by the presiding officer for good cause. An original and eleven copies shall be required for written submissions.(h) Unless otherwise required by law or specific order of the authority, neither a full transcript nor a recording of oral testimony given at the public hearing shall be required, but the record of the public hearing shall give a true reflection of the oral testimony. All written submissions made at the public hearing or accepted beyond the hearing date by the presiding officer for good cause shall be made part of the record of the public hearing.[Eff 11/20/89; am and comp FEB 25 1994] (Auth: HRS §§ 91-2, 91-6, 92-3, 206X-4) (Imp: HRS §§ 91-2, 91-6, 92-3, 206X-4)