HAR §4-1-41. Conduct of contested case hearings

(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 administer oaths or affirmations and 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 each party 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 briefly outlined. 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) The petitioner or complainant shall make the first opening statement and the last closing argument unless the board or hearing officer directs otherwise. Other parties shall be heard in such order as the board or the hearing officer directs. (g) Each party 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. (h) 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 relevant, shall be received in evidence and made a part of the record. (i) Each party shall have the right to call or have subpoenaed witnesses to testify at the hearing. (j) Each party shall have the right to conduct such examination or cross examination of the witnesses as may be necessary for a full and true disclosure of the relevant facts and shall have 1-14 the right to submit rebuttal evidence, subject to limitation of repetitive questions or cumulative evidence by the board or hearing officer. (k) Witnesses shall also be subject to questioning by members of the board, the hearing officer, or any other representative of the board. (l) Before proceeding to testify, all witnesses shall: (1) Swear or affirm to tell the truth; (2) State their name and address; and (3) Give any information respecting their appearance as the board or hearing officer may request. (m) Where a party is represented by more than one counsel, the counsel may allocate direct or cross examination of witnesses between them, but only one counsel shall be permitted to cross examine a witness, to state any objections, or to make opening and closing arguments. (n) Any procedure may be modified or waived by stipulation of the parties, and informal disposition may be made by stipulation, agreed settlement, consent order, or default. (o) The board or hearing officer shall confine the evidence to the questions before the hearing, but need not apply the technical rules of evidence. (p) At the close of the reception of evidence or within a reasonable time thereafter and prior to the filing of the hearing officer's recommended decision, the parties shall be permitted to file proposed findings of fact and conclusions of law together with reasons therefor. Proposals shall be in writing and shall contain references to the record and authorities relied upon. The original and eight copies shall be filed with the board and copies shall be furnished to all parties concerned. (q) Prior to the filing of a recommended decision, the hearing officer, for good cause shown, may reopen the case for the reception of further evidence. [Eff Sep 20 1986] (Auth: HRS §91-2) (Imp: HRS §§91-2, 91-9)