HAR §4-1-27
HAR §4-1-27. Conduct of rulemaking hearings
Cite as Haw. Code R. § 4-1-27
(a) Each hearing shall be held before the board
or presided over by a hearing officer.
(b) The board or hearing officer shall be authorized to take all actions necessary for the
orderly conduct of the hearing.
(c) Each hearing shall be held at the time and place set in the notice of hearing, but may
be continued by the board or hearing officer from day to day or adjourned to a later date or to a
different place without notice other than an announcement at the hearing.
(d) The hearing shall be conducted in such a way as to afford interested persons a
reasonable opportunity to offer evidence on the matters specified in the notice of hearing and to
obtain a clear and orderly record. However, in order to avoid unnecessary, cumulative evidence,
the board or hearing officer may limit the number of witnesses or the time allowed for testimony.
(e) At the commencement of the hearing, the notice of hearing shall be read and the
procedure to be followed shall be outlined briefly. Evidence shall then be received with respect to
the matters specified in the notice of hearing in such order as the board or hearing officer
prescribes.
(f) All interested persons and agencies shall be afforded an opportunity to submit orally or
in writing data, views, or arguments that are relevant to the matters specified in the notice of
hearing. The board or hearing officer may require the filing of an original and eight copies of all
written comments, recommendations, or replies.
(g) Before proceeding to testify, all interested persons shall:
(1) State their name, address, and whom they represent; and
(2) Give any information respecting their appearance as the board or hearing officer may
request.
(h) Witnesses shall be subject to questioning by members of the board or by any other
representative of the board. Cross examination by other persons or agencies shall be permitted
only at the discretion of the board or hearing officer.
(i) The board or hearing officer shall confine the evidence to the questions before the
hearing, but need not apply the technical rules of evidence.
(j) Unless otherwise ordered by the board or hearing officer, testimony given at the public
hearing shall not be reported verbatim.
(k) All supporting written statements, maps, charts, tabulations, or similar data offered in
evidence at the hearing, and which are deemed by the board or hearing officer to be authentic and
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relevant, shall be received in evidence and made a part of the record. [Eff Sep 20 1986] (Auth:
HRS §91-2) (Imp: HRS §§91-2, 91-3)