HAR §10-5-33. Hearing officer

(a) No hearing officer shall be assigned to serve in any proceeding who: (1) Has any pecuniary interest in any matter or business involved in the proceeding; (2) Is related within the third degree by blood or marriage to any party to the proceeding; (3) Has participated in the investigation proceeding, the institution of the proceeding or in a determination that it should be instituted or in the preparation of the notice of hearing or order to show cause or in the development of the evidence to be introduced therein; and (4) A hearing officer assigned by the commission or the chairman to hold a hearing and to make a recommended decision shall withdraw from a proceeding at any time the hearing officer is deemed disqualified; or the hearing officer may be withdrawn by the commission or chairman for good cause found after timely §10-5-33 5-15 affidavits alleging personal bias or other disqualifications have been filed and the matter has been heard by the commission or chairman. (b) The hearing officer shall conduct the proceeding in a fair and impartial manner and, except to the extent required for the disposition of ex parte matters as authorized by law, no hearing officer shall consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate. (c) A hearing officer designated by the commission or chairman to hold a hearing and to make a recommended decision in a proceeding shall have the following powers: (1) To hold hearings; (2) To administer oaths and affirmations; (3) To examine witnesses; (4) To issue subpoenas; (5) To rule upon offers of proof and to receive relevant evidence; (6) To regulate the course and conduct of the hearing; (7) To hold conferences before or during the hearing, for the settlement or simplification of issues; (8) To rule on motions and to dispose of procedural request or similar matters; (9) Within the hearing officer's discretion, or upon the direction of the commission, to certify any question to the commission for its consideration and disposition; (10) To make a recommended decision to the commission in writing to be acted upon by the commission; and (11) To dispose of any other matter that normally and properly arises in the course of the proceedings. (d) In the case of the absence of the hearing officer or in the hearing officer's inability to act, the powers and duties to be performed under this section in connection with the proceeding may, without §10-5-33 5-16 abatement of the proceeding, be assigned to another hearing officer duly designated by the commission or chairman, unless otherwise ordered. [Eff 7/30/81; am and comp 10/26/98] (Auth: HRS §91-2) (Imp: HRS §§91- 9, 91-9.5, 91-10)