Current through September, 2024
Section 16-181-22 - Conduct of the hearing(a) The hearing shall be conducted to encourage a full and complete disclosure of the facts and to afford each party a full and equal opportunity to present the party's evidence.(b) Hearings shall be open to the public, provided that the arbitrator may exclude any observer, witness, or party who is disruptive to the conduct of the hearing. The person may be readmitted upon the cessation of disruptive conduct and upon reassurance that the person's conduct will not continue.(c) The arbitrator shall conduct the hearing and shall take whatever action is necessary to maintain decorum and ensure that the hearing proceeds in an equitable, orderly, and expeditious manner. All parties shall abide by the arbitrator's ruling.(d) Each party shall have the right to present evidence, cross-examine witnesses, enter objections, and assert all other rights essential to a fair hearing.(e) Oral testimony shall be taken upon oath.(f) The arbitrator shall open the hearing by introducing the parties and shall set forth the procedures to be followed during the hearing.(g) The consumer shall present the consumer's evidence and witnesses, then the manufacturer shall present its evidence and witnesses. The arbitrator may vary the presentation of evidence if deemed appropriate to more fully develop the facts.(h) Each party may question the other after each presentation, and may question each witness after testimony. The arbitrator may direct questions to any party or witness at any time. The arbitrator shall restrict the inquiry of any person to the scope of the proceedings.(i) Each party shall be allowed to present a closing argument.[Eff 3/3/97; comp 10/8/05] (Auth: HRS § 481I-4) (Imp: HRS § 481I-4)