HAR §10-5-40. Contested case hearing procedures

(a) The following procedures shall be followed in conducting a contested case hearing before the commission or its duly appointed hearing officer: (1) The chairman or hearing officer shall convene the hearing and shall read the complaint and shall inquire whether there are any amendments to be made; §10-5-40 5-21 (2) The complainant or petitioner and the respondent shall have the opportunity to challenge for bias any member of the commission or hearing officer; and (3) Before presentation of the case, the parties shall have the opportunity to make opening statements. The usual order of making such statements shall be as follows: (A) Opening statement by the complainant or petitioner; and (B) Opening statement by the respondent, unless the respondent reserves the opportunity to make an opening statement until after the witnesses for the petitioner have been presented; or (4) Opening statements may be waived by a party. (b) Witnesses shall testify in the following order: (1) Witnesses for complainant or petitioner; (2) Witnesses for the respondent; (3) Witnesses for the complainant or petitioner in rebuttal; (4) Witnesses for the respondent in rebuttal; and (5) Additional witnesses as the commission or the hearing officer may deem necessary. (c) Witnesses shall be examined in the following order: (1) Direct examination by the party calling the witness; (2) Cross-examination by the other party; (3) Redirect examination by the party calling the witness; (4) Re-cross examination by the other party; and (5) Examination by the commission or hearing officer. (d) After the evidence has been presented, the commission or hearing officer shall give the parties opportunity to summarize. The usual order of final argument shall be as follows: (1) Final argument by the complainant or petitioner; (2) Final argument by the respondent; §10-5-40 5-22 (3) Rebuttal argument by the complainant or petitioner. (e) Rebuttal argument shall be limited to countering whatever may have been said by the other party during final argument. (f) A reasonable time limit may be imposed by the commission or hearing officer for the final argument. (g) Final arguments may be waived by a party. (h) At the close of the presentation of evidence before the hearing officer in all contested cases, or within a reasonable time thereafter, the hearing officer may permit the filing of proposed findings and conclusions together with the reasons therefor. The proposal shall be in writing and shall be furnished to all parties; ten copies including the signed original, shall be filed with the commission. (i) Oral argument may be allowed at the discretion of a hearing officer. (j) Within a reasonable time, after final arguments have been completed and all requested memoranda submitted, the commission or hearing officer shall bring the matter to a close. (k) At any time before the filing of a recommended decision, the hearing officer, for good cause shown, may reopen the case for the reception of further evidence. [Eff 7/30/81; am and comp 10/26/98] (Auth: HRS §91-2)(Imp: HRS §91-9)