HAR §12-47-61. Conduct of public hearing on proposed rulemaking

(a) Each public hearing on the proposed adoption, amendment, or repeal of any rule shall be conducted in such a way to afford to interested persons a reasonable opportunity to be heard on matters relevant to the issues involved so as to obtain a clear and orderly record. The presiding member shall have authority to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing. (b) The hearing shall be held at the time and place set in the notice of hearing, but may be continued by the board from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing. (c) At the commencement of the hearing, the presiding member shall outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of hearing in such order as the presiding member shall prescribe. (d) All interested persons shall be given reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing. All witnesses shall, before proceeding to testify, state their name, address, whom they represent at the Page 19 hearing, and shall give such other information regarding their appearance as the board may request. The board shall confine the testimony to questions before the hearing. All witnesses shall be subject to questioning by the board or by any other authorized representative, but cross-examination by private persons shall not be permitted unless the presiding member expressly permits it. (e) All interested persons or agencies of the State or political subdivision of the State may submit in writing to the board, either prior to or at the hearing, any data, views, or arguments which are relevant to the issue. At the discretion of the board, additional written comments or recommendations may be filed within a period set by the board. (f) Unless otherwise specifically ordered by the board, testimony given at the hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered at the hearing, and which are deemed by the board to be authentic and relevant, shall be received and made a part of the record. Unless the presiding member finds that the furnishing of copies is impractical, four copies of the exhibits shall be submitted. [Eff ] (Auth: HRS §371-4) (Imp: HRS §§91-3, 371-4, 371-6)