HAR §12-44-25. Conduct of hearing

(a) The public hearing shall be presided over by the council chairperson or a designated representative, in the chairperson's absence. The hearing shall give persons a reasonable opportunity to be heard on matters relevant to the issues involved. The presiding officer may administer oaths or affirmations and take all other actions necessary to the orderly conduct of the hearing and the attainment of a clear and orderly record. (b) Each hearing shall be held at the time and place set in the notice of hearing, but may be continued by the presiding officer from day to day or be adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing. Page 5 (c) At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. Evidence shall then be received with respect to the matters specified in the notice of hearing in such order as the presiding officer shall prescribe. (d) Before testifying, every witness shall state the witness's name, address, and whom the witness represents at the hearing, and shall give such other information respecting the witness' appearance as the presiding officer may request. The presiding officer shall confine the evidence to the questions before the hearing but shall not apply the technical rules of evidence. Every witness shall be subject to questioning by the council or by any other representative of the council, but cross-examination by private persons shall not be permitted unless the presiding officer expressly permits it. (e) All interested persons and governmental agencies shall be afforded an opportunity to submit data, views, or arguments which are relevant to the matters specified in the notice of hearing. In addition, or in lieu thereof, persons or agencies may also file with the council a written protest or other comments or recommendations in support of or in opposition to the proposed rule. Written protest, comments, or recommendations or replies thereto shall not be accepted unless an original and five copies are filed. The presiding officer may extend for good cause the period for filing written protest, comments, or recommendations beyond the hearing date. (f) Unless otherwise specifically ordered by the council, testimony given at the public hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made a part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, six copies of the exhibits shall be submitted. [Eff. 6/6/86] (Auth: HRS §91-3) (Imp: HRS §91-3)