HAR §12-46-47
HAR §12-46-47. Procedure at hearing
Cite as Haw. Code R. § 12-46-47
Unless otherwise
stipulated by the parties, which stipulation is
approved by the hearings examiner, all hearings shall
proceed as follows:
(1)
The parties shall have the opportunity to
make opening statements before any evidence
is presented, unless they waive the
opportunity.
The opening statement shall be
heard in the following order:
(A)
Complainant's opening statement; and
(B)
Respondent's opening statement, unless
respondent chooses to reserve same
until after presentation of
petitioner's evidence;
(2)
The complainant's evidence shall be
presented first, and shall be followed by
the presentation of evidence in support of
( 3)
respondent's case;
After presentation of the evidence in
support of their respective cases, the
parties shall have the opportunity to
introduce rebuttal evidence.
Rebuttal
evidence shall be introduced in the same
order as was followed with respect to the
introduction of evidence in support of their
respective cases;
(4)
Each witness shall be examined first by the
party calling the witness before cross-
examination by the opposing party;
(5)
After all evidence, including rebuttal
evidence, has been presented, the parties
shall have the opportunity to make final
argument.
Final argument shall proceed as
follows:
(A)
Complainant's final argument;
(B)
Respondent's final argument; and
(C)
Complainant's final argument in
rebuttal which shall be limited to
countering matters raised in
respondent's final argument; and
(
(6)
The hearing shall be deemed closed after
completion of all final arguments or upon
filing of all permitted memoranda and other
post hearing submissions or upon the
expiration of the time allowed for filing
submissions, unless the time is extended, or
upon the completion of taking further
evidence pursuant to section 12-46-49,
whichever is later.
[Eff 12/31/90; comp
] (Auth: HRS §§91-2, 368-3)
(Imp: HRS §§91-2, 368-3)