HAR §13-197-7
HAR §13-197-7. Conduct of public hearing on proposed adoption, amendment, or repeal of rule
Cite as Haw. Code R. § 13-197-7
(a) Each public
hearing on a proposed adoption, amendment, or repeal of a rule shall be presided over by the chairperson
or other person designated by the chairperson. The hearing shall be conducted in a manner which affords
interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and
obtains a clear and orderly record.
(b) Each hearing shall be held at the time and place set in the notice but at that time and place may be
continued 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 officer shall read the notice of the hearing and
shall outline briefly the procedure to be followed. Testimony shall then be received with respect to the
matters specified in the notices in an order the presiding officer shall prescribe.
(d) All interested persons and agencies of the State or its political subdivisions shall be given reasonable
opportunity to offer testimony, orally or in writing, with respect to the matters specified in the notice. All
persons, before proceeding to testify, shall state their names, addresses, and whom they represent, and
shall give such other information respecting their appearances as the presiding officer may request. Every
person testifying shall be subject to questioning by members of the review board but questioning by
private persons shall not be permitted without the presiding officer's permission. The presiding officer
shall confine the testimony to the subject matter of the hearing. All written testimony offered may be
submitted to the review board at its office not less than twenty-four hours prior to the hearing. Persons
submitting written testimony on the day of the hearing shall furnish twelve copies of the testimony to the
review board prior to the hearing.
(e) Unless otherwise specifically ordered by the review 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 presiding officer to be authentic and relevant, shall be received
in evidence and made part of the record. Unless the presiding officer finds that the furnishing of copies in
impracticable, two copies of the exhibits shall be submitted.
(f) At the close of the final public hearing, the presiding officer shall announce the decision of the review
board or announce the date when it intends to make a decision. [Eff 6/22/81; am and comp 3/9/89] (Auth:
HRS §6E-5.5, 91-2) (Imp: HRS §91-3)
Subchapter 3 Declaratory Rulings