HAR §12-46-69. Argument

Argument shall be heard either before the commission or a hearings examiner ( duly designated. All parties shall be afforded full opportunity to present argument on all issues involved. The argument shall be at the time and place set forth in the notice of argument but at that time and place may be continued from day to day and adjourned to a later day or to a different place without notice other than the announcement thereof at the hearing. [Eff 12/31/90; comp ] (Auth: HRS §§91-8, 368-3) (Imp: HRS §§91-8, 91-9, 368- 3) §12-46-70 Material issue of fact, public interest. If, at any time, it appears that there exists a genuine controversy of material fact the resolution of which is necessary before any order of declaratory relief may issue, or that the petition raises issues of public concern and interest that a proceeding for rule relief would more fairly and effectively aid the commission in achieving its purposes and goals and protect that public concern or interest, the commission or hearings examiner may: (1) Without suggestion or on motion of any party dismiss the petition for declaratory relief and allow same to be refiled as a complaint or petition for hearing or rule relief; (2) Convert the proceeding to one of hearing or rule relief and proceed thereafter as if the complaint or petition had been brought originally for hearing or rule relief. If the proceeding is converted to a proceeding for hearing relief, the issues may be restricted to those material facts in issue. [Eff 12/31/90; comp (Auth: IIRS §§91-8, 368-3) (Imp: HRS §§91-8, 368-3) 46-59 r ( §12-46-71 Proposed findings of fact and conclusions of law. (a) The parties, upon first obtaining the permission of the commission or hearings examiner, may file and serve upon all other parties to the proceeding, written proposed findings of fact and conclusions of law together with the reasons therefor within fifteen days after the close of the argument or submission of requested or permitted memoranda, whichever is later. The submission, wherever possible, shall contain specific references to the record and shall state the authorities relied upon. (b) Any grant of permission shall be at the sole discretion of the commission or hearings examiner. When the argument has been conducted by a hearings examiner, the parties shall not, under any circumstances, file proposed findings of fact and conclusions of law with the commission. [Eff 12/31/90; comp (Auth: HRS §§91-8, 368-3) (Imp: HRS §§91-8, 91-12, 368-3)