HAR §6-23-13. Use of depositions

(a) A deposition ordered and taken in accordance with section 6-23-12 may be used in a proceeding if the hearing officer finds that the evidence is otherwise admissible and: (1} The witness is dead; 23-9 (2) The witness is out of the State, unless it appears that the absence of the witness is procured by the party offering the deposition; (3) The witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; (4) The party offering the deposition has endeavored and has been unable to procure the attendance of the witness by subpoena; or (5) Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony orally before the board or hearing officer, to allow the deposition to be made. (b) If any part of the deposition is put in evidence by a party, any other party may require the production of the remainder of any other portions of the deposition. [Eff 11/9/81; am and comp 11/26/2009; am and comp APR 1· 1 ?on l (Auth: HRS §§88-28, 91­ 2) (Imp: HRS §§88-82·, 91-2) §6-23-14 Jurisdiction; presiding officer; powers and duties. (a) The hearing officer appointed by the system shall preside over contested case hearings governed by this subchapter. The chairperson of the board or other member of the board designated by the chairperson shall preside over hearings of arguments on exceptions under section 6-23-20. The hearing officer, and chairperson of the board or other member of the board designated by the chairperson, shall have jurisdiction over those matters expressly authorized by this subchapter, respectively. (b) With respect to contested case hearings governed by this subchapter, the hearing officer as the presiding officer shall have the following powers and duties: 23-10 (1) To determine the time and place of hearing and, in the hearing officer's discretion or at the request of a party, to continue or postpone any hearing; (2) To regulate the course and conduct of the hearing; (3) To administer oaths and affirmations; (4) To examine witnesses; (5) To issue subpoenas; (6) To rule on offers of proof and receive evidence; (7) To hold conferences, before or during the hearing, for the simplification of issues; (8) To rule on motions and dispose of procedural requests or similar matters; (9) To remand, in the hearing officer's discretion, to the medical board or designated entity the certifications and findings involved in the petition, or any matter or issue related thereto; and to accept from the medical board or designated entity any new or amended report or documents, including any new certifications or findings; (10) To make a recommended decision to the board; (11) To dispose of any matter that normally and properly arises before or in the course of the hearing; and (12) To take any other action authorized by this subchapter or by law that the hearing officer may deem necessary for the orderly and just conduct of the hearing. (c) With respect to hearings of arguments on exceptions governed by this subchapter, the chairperson of the board or other member of the board designated as presiding officer shall have the following powers and duties; (1) To determine the time and place of the hearing of arguments on exceptions and, in the presiding officer's discretion or at the request of a party, to continue or postpone any hearing; 23-11 (2) To regulate the course and conduct of the hearing; and (3) To take any other action authorized by this subchapter or by law that the presiding officer may deem necessary for the orderly and just conduct of the hearing. (d) The substantive provisions of sections 6-22­ 5, 6-22-6, and 6-22-7 shall apply to contested case hearings and arguments on exceptions under this subchapter. [Eff 11/9/81; am and comp 11/26/2009; am and comp APR 11 ?On 1 (Auth: HRS §§88-28, 91-2) (Imp: HRS §§88-82, 91-2, 91-9, 92-16) §6-23-14. 01 Defaul.t. (a) A presiding officer may find a party to be in default upon motion by a party or at the presiding officer's discretion, on the following grounds: (1) Failure to comply with an administrative order; (2) Failure to appear at a pre-hearing conference or hearing without good cause being shown; or (3) Failure to prosecute the case. (b) When the presiding officer finds that a default has occurred, the presiding officer may issue a default order against the defaulting party. The order shall include findings of fact showing the grounds for the order, conclusions regarding material issues of fact and law, and other terms or conditions, as appropriate. Terms or conditions of a default order can include dismissal of the petition. The default order shall constitute a recommended decision pursuant to section 6-23-17 if filed by a hearing officer. The default order shall constitute a proposed decision if filed by the chairperson or other designated -member of the board. [Eff and comp APR 1-1 20?? ] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§91-2, 91-9, 91-12, 92-16) 23-12 §6-23-14.02 Motions to dismiss or for swnmary judgment. (a) The presiding officer, upon motion by a party, may at any time issue an order for summary judgment as to all or any part of the claims, if no genuine issue of material fact exists and a party is entitled to judgment as a matter of law. (b) The presiding officer, upon motion by a party or on the presiding officer's own motion, may at any time issue an order dismissing the petition on the grounds of lack of standing, lack of jurisdiction, failure to state a claim on which relief may be granted, or any other ground upon which the petition may be dismissed prior to the hearing. In addition, the presiding officer may issue an order of dismissal of the petition upon a stipulation of the parties or upon a voluntary dismissal by the petitioner. (cl An order that grants or denies disposal of some or all claims in the petition shall constitute a recommended decision pursuant to section 6-23-17 if issued by the hearing officer and not considered an interlocutory order. An order that grants or denies disposal of some or all claims in the petition shall constitute a proposed decision pursuant to section 6­ 23-18 if issued by the board upon receipt of a recommended decision and not considered an interlocutory order. An order that disposes of some but not all of the claims in the petition shall be considered an interlocutory order and shall be appealable under section 91-14, HRS, only after a final decision has been issued, or if deferral of review would deprive the appellant of adequate judicial review under section 91-14, HRS. [Eff and comp APR 11 ?O?? ] (Auth: HRS §§88-28, 91-2) (Imp: HRS §§91-2, 91-9, 91-12, 92-16)