HAR §12-46-31. Motions

(a) An application for an order shall be by motion which, unless made during a t;6-36 ( hearing, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. (b) Motions referring to facts not of record shall be supported by affidavit(s) or declaration(s) and, if involving a question of law, shall be accompanied by a memorandum in support. (c) If a hearing is held on the motion, the hearings examiner shall provide notice to be served upon all parties not later than seven days before the hearing and the opposing party shall file and serve any counter affidavit(s) or declaration(s) and memorandum in opposition not less than two days before the hearing. (d) All motions shall be filed with and decided by the hearings examiner. (e) Failure to comply with the requirements of this section may be the basis for denial of any motion. (f) The decision on the motion may be made orally at the time of the hearing on the motion, or in writing, or as part of the hearings examiner's decision. [Eff 12/31/90; am and comp (Auth: HRS §§91-2, 368-3) (Imp: HRS §§91-2, 368-3) §12-46-32 Powers of the hearings examiner in conducting hearing. The hearings examiner shall have in addition to powers as are conferred by law, the powers, in conducting a hearing, without limitation: (1) To hold hearings and issue notices; (2) To administer oaths and affirmations; (3) To consolidate hearings or sever proceedings, provided that those actions shall be conducive to the ends of justice and shall not unduly delay the proceedings or hinder, harass, or prejudice any party; (4) To allow and supervise discovery as deemed reasonable and necessary; t,6-37 ( ( (5) To subpoena and examine witnesses; (6) To issue subpoenas; ( 7) To rule upon offers of proof, to receive relevant evidence, and to exclude evidence which is irrelevant, immaterial, repetitious, cumulative, or merely scandalous, and accordingly may restrict lines of questioning or testimony; (8) To regulate the course and conduct of the hearing; (9) To regulate the manner of any examination so as to prevent the needless and unreasonable harassment, intimidation, or embarrassment of any witness or party at the hearing; (10) To remove disruptive individuals, including any party, legal counsel, witness, or observer; (11) To hold conferences, including prehearing conferences, before or during the hearing for the settlement or simplification of issues; (12) To rule on motions and to dispose of procedural matters; (13) To certify any question to the commission for its consideration and disposition; (14) To submit in writing any decision together with the findings of fact and conclusions of law and a proposed order to the commission for its consideration and final disposition; and (15) To dispose of any other matter that normally and properly arises in the course of the proceedings and to take any action authorized by this chapter, chapter 91, HRS, or any other related laws. [Eff 12/31/90; comp (Auth: HRS §§91-2, 368-3) (Imp: HRS §§91-16, 368-3) (