HAR §13-1-32. Conduct of hearing

(a) Contested case hearings shall be conducted in accordance with this subchapter, and chapter 91, HRS. (b) The board may conduct the hearing or, the board in its discretion may delegate the conduct of the contested case hearing to a hearing officer, in which case the chairperson shall select such hearing 1-28 officer. As used in this section and in sections 13- 1-33, 13-1-34, 13-1-35, 13-1-36, and 13-1-39, unless the context clearly indicates otherwise, the term “presiding officer” shall mean the presiding officer as defined in section 13-1-2 when the hearing is conducted by the board, but shall mean the hearing officer when the conduct of the hearing has been delegated to a hearing officer. (c) The presiding officer shall have the power to give notice of the hearing, administer oaths, compel attendance of witnesses and the production of documentary evidence, examine witnesses, certify to official acts, issue subpoenas, rule on offers of proof, receive relevant evidence, hold conferences before and during hearings, rule on objections or motions, fix times for submitting documents, briefs, and dispose of other matters that normally and properly arise in the course of a hearing authorized by law that are necessary for the orderly and just conduct of a hearing. If the hearing is conducted by the board, the board members may examine and cross- examine witnesses. (d) The presiding officer shall provide that a verbatim record of the evidence presented at any hearing is taken unless waived by all the parties. Any party may obtain a certified transcript of the proceedings upon payment of the fee established by law for a copy of the transcript. (e) In hearings on applications, petitions, complaints, and violations, the applicant, petitioner, complainant, or in the case of violations, the department shall make the first opening statement and the last closing argument unless the board directs otherwise. Other parties shall be heard in such order as the presiding officer directs. (f) Where a party is represented by more than one counsel or representative, they may allocate witnesses between them but only one of the counsel or representative shall be permitted to cross-examine a witness or state any objections or make closing arguments. (g) Each party shall have the right to conduct 1-29 such cross-examinations of witnesses as may be required for a full and true disclosure of the relevant facts and shall have the right to submit rebuttal evidence, subject to limitations by the presiding officer. (h) To avoid unnecessary or repetitive evidence, the presiding officer may limit the number of witnesses, the extent of direct or cross examination or the time for testimony upon a particular issue. [Eff 9/7/82; am and comp 2/27/09] (Auth: HRS §§91-2, 171-6) (Imp: HRS §§91-9, 92-16) §13-1-32.1 Conduct of hearing with only one party. Where the applicant is the sole party in the contested case, the board or the hearing officer, as the case may be, shall consider and give appropriate weight to the records on file with the board directly relating to the application, including, but not limited to, staff submittals to the board, if any; provided, however, that the staff shall not be made parties to the contested case nor be compelled to give testimony on any documents within the file unless the board or the hearing officer deems it necessary to a just disposition of the case. [Eff and comp 2/27/09] (Auth: HRS §§91-2, 171-6) (Imp: HRS §§91-2, 91-9, 171-6)