HAR §17-4-9
HAR §17-4-9. Arcument
Cite as Haw. Code R. § 17-4-9
A hearings
officer
shall
hear
all
arguments.
Parties
shall
have a full
opportunity
to
argue
on all
issues
involved.
The argument
shall
be
at the
time
and place
stated
in the
notice
of argument,
but
may be continued
to a later
day or adjourned
to a
different
place
without
notice
other
than
an
announcement
at the
hearing.
[Eff
6/4/84;
camp
APR 1 3 \995
] (Auth:
HRS $§26-38,
346-14,
348-
3)
(Imp:
HRS §§26-38,
91-9,
346-14,
348-3)
$17-4-10
Material
issue
of fact,
nublic
interest.
If
a genuine
controversy
of material
fact
exists
which
must
be resolved
before
an order
for
declaratory
relief
may be issued
or the
petition
raises
issues
that
a
proceeding
for
rule
relief
would
more fairly
and
effectively
address,
the
director
or the
hearings
officer
may:
(1)
Dismiss
the
petition
for
declaratory
relief
and allow
its
refiling
as a petition
for
hearing
or rule
relief;
or
(2)
Convert
the
proceeding
to a contested
case or
petition
for
rule
relief
and proceed
under
the
requirements
for
these
types
of relief.
If
the-proceeding
is
converted
the
issues
may
4-4
1829:
+.
§i7-4-12
be restricted
to those
material
facts
of
issue.
[Eff
6/4/84;
camp
(Auth:
I-IRS §§26-38,
91-2,
YP 6'11
'??8-3)'
(Imp:
HRS §§26-38,
91-2,
346-14,
'348-3)
§17-4-11
Proposed
findinas
of
fact
and conclusion
of
law.
Parties
may file
and serve
upon all
parties
to
the
proceeding
proposed
findings
of fact
and
conclusions
of
law,
together
with
reasons
for
the
proposals.
This
shall
take
place
within
fifteen
days
of the
hearing
and whenever
possible,
shall
specifically
refer
to the
record
d authorities
relied
upon.
(Eff
6/4/84;
compAPR f 3 19'bp
] (Auth:
HRS
$§26-38,
91-2,
346-14,
348-3)
(Imp:
HRS $§26-38,
91-2,
346-14,
348-3)