HAR §6-23-29. Consideration of petition

(a) The hea ring o fficer, withi n a r easonable a mount o f t ime a fter the pe titi on ha s b een fil e d, s hal l do one of t he fo l lowing : (1 ) Deny t he petition whe r e: (A) Th e question- is spe cula tive o r purely hypothet i cal and does not i nvol ve a n existing situation or one which may reasonably be expected to occur in the near futu re; (Bl The petitioner 's i ntere st i s not of the type wh ich confers sufficient standing to maintain a n action i n a court of law; (Cl The issuanc e of a fi nal decision may adver sely a ffect the interest o f the Sta te, the system, or a ny of the offi cers o r employe es in a ny litigation which is pending or may be reas onab ly be expected to aris e ; (Dl The petition requests a decision on a matter other than the al l eged misapplication or viola tion of a ny provisi on o f chap ter 88, HRS, or rules promulgated thereunder, setting forth a n alle ged enti tlement to a benefit, service credit , or other alleged entitlement, or on a matter otherwise 23-23 not within the scope of this subchapter; (E) The petit ion requests a decision on a s tatut ory provision not administered by the boa r d o r the ma tter is not otherwise within the jurisdict ion of the board; or {F) The petition is frivolous; or (2) Set the petition f or hea ring . (b) Any order dismissi ng the petition under this sec tion shall: (1) Be in wr iting; (2 ) Include s eparate findings of fact and conclusions of law; and (3) Cons titute a recommended decision pursuant to section 6-23-48. [Ef f and comp 11/26/2009; am and comp APR f 1 ?On ] (Auth: HRS § §88-28, 91-2) (Imp: · HRS §§91­ 2 , 91-9, 91-12, 92-16) §6-23-30 Jurisdiction; powers and duties of presiding officer. (a) The hearing off icer appointed by the s ystem shall pre side ove r contested case hearings governed by this subchapter. The chairpers on of the board or other member of the board designated by the cha irperson shall preside over hearings of arguments on exceptions under section 6-23-51. The board or the hea ring offi cer s hall have jurisdiction over those matters expressly authorized by this subchapter, respect i vely. (b) With respect to contested case hearings governed by this subchapter, the hearing officer a s presiding officer shall have the following powers and duties: ( 1) Continue or pos tpone, at the request of a party, any hearing; ( 2 ) Re gula te the course and conduct of the hearing; ( 3 ) Administer oaths and ta ke affidavits; 23-24 (4) Examine witnesses a nd admit or exclude documentary or other evidence; (5 ) Issue a nd dispose o f s ubpoenas; (6) Hold conferences, before or dur i ng the hearing , for the simplification of issues ; (7 ) Rule o n motions, requests, offers o f proof , procedural requests, and simi lar matters; (8 ) Hear and decide questions of fact , law, or discre t ion; and (9) Do a ll other acts and take all measur es necessary, a s aut horized by chapter 88 , HRS , fo r the ma i ntenance of orde r and f or the efficient , fair, and impartial adjudicat i on o f iss ues arising in p roceedings governed by this subchapter. (c) With respect to hea rings of a rguments on exceptions, the chairper son of the board o r o t her member of the board designated as presidi ng officer s hall have the following powers and duties : (1) To determine the time and place of the hearing of arguments on exceptions and, in t he presid i ng of fice r 's d iscretion or at the request of a pa r ty, to continue o r postpone any hearing; (2) To r egulate the course and conduct of the hearing; (3) To t ake any other a cti on authorize d by thi s subchapte r o r by law that the presiding o ffice r may de em ne cessary f or t he orde rly a nd just conduct of t he hea ring . [Eff and comp 11/2 6/2009; am and comp APR 1" 1 20?? (Auth: HRS §§88-28, 91-2) (I mp : HRS §§ 91 ­ 2, 91-9, 91-10, 92-1 6)