HAR §21-5-7. Contested hearings; procedures

(a) The commission may conduct the hearing or, in its discretion, may delegate the conduct of Lhe contested hearing to a hearing officer, in which case the commission shall select such hearing officer. (b) The presiding officer shall convene and conduct the hearing. (c) Before presentation of the case, the; parties shall have the opportunity lo make opening statements, provided that the presiding officer may order that opening statements be made in writing rnlher than orally at the hearing. Reasonable time Limits may be imposed by the presiding officer for the opening statements. The usual order ofmaking opening statements shall be as follows: ( l) Openi.ng statement by the execut ive director or complainant; and (2) Opening statement by the respondent. The respondent may reserve the opportunity Lo make the opening statement until after the executive director or complainant has presented its case. Opening statements may be waived by a party. (d) Witnesses shall be examined as fo llows: (1) Direct examination by the party call ing the witness; (2) Cross examinatio n by the other party, limited to tbe issues raised on direct examination; (3) Redirect exam ination by the party calling the w.itness, limited to the issues raised on cross examination; (4) Recross examination by the other party, limited to the issues raised on red irect examination; and (5) Examination of the witness by the commission or hearing officer at any time. 5-8 , ) 78 §2 1-5-7 (e) After all the evidence has been presented, the presiding officer shall give the parties the opportun.ity to summarize, The usual order of final arguments shall be as fo llows: (1) Final argument by the executive director or complainant; (2) Final argument by the respondent; and (3) Rebuttal argument by tho executive director or complainant. Rebuttal arguments shall be limited to countering wha tever may be said by lhe other party during that party's fin al argument. I Reasonable time limits may be imposed by the presiding officer for the final arguments. Final arguments may be waived by either party. The presiding officer may order that final arguments be made in w,·iting rather than orally at the hearing. (f) The presiding officer shall have the power to give notice of the hca,ing, administer oaths, compel attendance of witnesses and the production of documentary evidence, examine witnesses, certify to official acts, issue subpoenas, rule on offers of proof, receive relevant evidence, hold conferences before and during hearings, rule on objections or motions, fix times for submitting documents and briefs, ensure the orderly conduct of any proceeding, and dispose ofother matters that normally and properly arise in the course of a hearing authorized by law that are necessary for the orderly and just conduct ofa hearing. (g) To avoid unnecessary or repetitive evidence, lhe presiding officer may limit the number of witnesses, the extent of direct examination, cross examination, redirect examination, or recross examination, or the time for testimony upon a particular issue. (h) Any procedure in a contested case may be modified or wa ived by stipulation of the parties. (i) Within a reasonable time after final arguments have been completed and all requested memoranda submitted, including the proposed findings offact, proposed conclusions of law, and recommended order of the hearing officer, if applicable, the commission shall render an order, decision, or rnling. G) Within ten clays after entry ofan order, decision, or ruling, the commissio11 may entertain a written petition to reconsider or rehear its final order, decision, or ruling. The petition shall be granted or denied with reasonable expedition. Denial ofsuch petition shall be in writing, [Eff July 13, 1981; am and comp NOV 2 8 :00@ ] (Auth: HRS §§84-3 l(a)(S), 97-6(a)(5)) (Imp: HRS §§84-3 1, 9 1-9, 91-10, 92-16, 97-6) 5-9 §2 1-5-7. 1 §21-5-7. l Rules of evidence. Any oral or documentary evidence that is relevant and material to the charge may be admilled, provided that the commission's findings must be based upon compelent and substantial evidence in accordance with section 84-3 1(c), HRS. Effect shall be given to the rules of privilege recognized by law. The p1•esiding officer may take notice of judicially recognizable facts. [Eff itl\\/ 9 fi 20?0 ] (Auth: HRS §§84-31 (a)(S), 91-f, 97-6(a)(S)) (lmp: .HR~§'§3'4-".1l, 9T-9, 91-10, 97-6) I