HAR §12-44-52. Presiding officer; powers and duties

(a) The chairperson, or any other member of the council designated by the chairperson, or a hearing officer designated by the council shall preside at all hearings on appeals governed by this subchapter. (b) When the presiding officer is a hearing officer, the hearing officer shall have the following powers and duties: (1) Determine the time and place of hearing and, in the hearing officer's discretion or at the request of a party, continue or postpone any hearing; (2) Regulate the course and conduct of the hearing; (3) Administer oaths and affirmations; (4) Examine witnesses; (5) Issue subpoenas; (6) Rule on offers of proof and receive evidence; (7) Hold conferences, before or during the hearing, for the settlement or simplification of issues; (8) Rule on motions and dispose of procedural requests or similar matters; (9) Recommend a decision to the council; (10) Dispose of any matter that normally and properly arises before or in the course of the hearing; and (11) Take any other action authorized by this subchapter or by Page 11 law that the hearing officer may deem necessary for the orderly and just conduct of the hearing. (c) When the appeal is heard by the council, the presiding officer shall have all of the powers and duties in subsection (b) except recommending a decision. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16)