HAR §10-5-39. Hearings

(a) All contested cases shall be heard either before the commission or a hearing officer duly designated by the commission or chairman. (b) All contested case hearings shall be held on the island where the affected lessee or applicant resides. §10-5-39 5-20 (c) The record of the hearing shall be compiled in conformance with section 91-9, HRS. The commission shall make provision for stenographic recording of the testimony, but it shall not be necessary to transcribe the recording unless requested for the purposes of rehearing or court review. Any person shall be entitled to a copy of the record of a hearing provided that the cost of the preparation of the record is paid for. (d) Each party or the party's representative shall have the following rights: (1) To examine all documents; documents which a party does not have an opportunity to see shall not be made part of the hearing record and shall not be used in making a decision in the case; (2) To bring witnesses to testify for the party; (3) To establish all relevant facts and circumstances through verbal testimony or documents; (4) To advance any arguments without undue interference; (5) To question or refute any testimony or evidence presented by another party including the opportunity to cross-examine witnesses called by another party; and (6) To be notified either before or during the hearing if the commission or hearing officer plans to consider facts not in evidence. [Eff 7/30/81; am and comp 10/26/98] (Auth: HRS §91-2) (Imp: HRS §91-9)