HAR §12-44-54
HAR §12-44-54. Conduct of hearing
Cite as Haw. Code R. § 12-44-54
(a) The presiding officer shall
convene the hearing and summarize the statement of appeal.
(b) Before presenting the case, the appellant shall have the
opportunity to make an opening statement. The deputy attorney general
assigned to the council shall also have the opportunity to make an
opening statement then or after the appellant has presented the
appellant's case. opening statements may be waived by either party.
(c) Witnesses shall testify in the following order:
(1)
Witnesses for the appellant;
(2)
Witnesses called by the deputy attorney general;
(3)
Witnesses for the appellant in rebuttal;
(4)
Witnesses called by the deputy attorney general in
rebuttal;
(5)
Additional witnesses as the presiding officer may deem
necessary.
(d) Each witness shall be examined in the following order:
(1)
Direct examination by the party calling the witnesses;
(2)
Cross examination by the other party;
(3)
Redirect examination by the party calling the witness;
(4)
Recross examination by the other party;
(5)
Examination by the presiding officer or any member of the
council.
(e) After the presentation of evidence is concluded, unless
the appeal is submitted by either party or both parties without
argument, the appellant shall make a closing argument followed by
argument by the deputy attorney general. The appellant may then
present rebuttal argument which shall be limited to countering any
matter or argument presented by the deputy attorney general.
Reasonable time limits may be imposed by the presiding officer for
argument. Argument may be waived by either party.
(f) The presiding officer, within such time limits as the
presiding officer may impose, may permit the parties to submit
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written memoranda in support of their respective positions and
proposed findings of fact. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp:
HRS §132-16)