HAR §13-167-22
HAR §13-167-22. Proceedings before the commission
Cite as Haw. Code R. § 13-167-22
(a) All
proceedings before the commission concerning the enforcement
or application of any provision of this chapter or any rule
adopted pursuant thereto, or the issuance, modification, or
revocation of any permit or license under this code by the
commission, shall be conducted in accordance with chapter 91,
HRS. Hearings regarding particular water resources shall be
conducted on the island where those water resources are
located.
(b)
The commission may on its own motion or on petition
or application of any interested person or persons or an
agency of the state or county government hold proceedings as
necessary from time to time for the purpose of: (1) obtaining
information necessary or helpful in the determination of its
policies or actions; (2) formulating its rules; (3) carrying
out its duties and responsibilities including the designation
of water management areas, the permitting of water uses, and
the enforcement of rules, orders and legal standards and
obligations.
(c)
For the purposes permitted by law, the commission
may subpoena witnesses and require the production of any
document, record, chart, photograph, recording, notes,
compilation of information, or any other evidence or form of
evidence recognized by law.
UNOFFICIAL COMPILATION
167-13
(d)
The commission shall follow procedures that, in its
opinion, best serve the purposes of the proceedings, unless
specifically prescribed in these rules, chapter 91, Hawaii
Revised Statutes, or by law.
(e)
Any rule in this chapter may reasonably be
suspended or waived by a majority of the commission to prevent
undue hardship in any particular instance upon a showing of
good cause, provided that the Commission shall explain in
writing the reasons for its action.
(f)
Proceedings shall be commenced by order of the
commission upon its own motion, or by the filing of a petition
or application. [Eff. MAY 27 1988] (Auth: HRS §174C-8)
(Imp: HRS §§91-2, 92-16, 174C-9)