HAR §15-15-10. Meetings; generally

(a) The commission may meet and exercise its power in the State of Hawai'i. Except as provided in sections 92-4 and 92-5, HRS, al! of the commission meetings and hearings are open to the public. Unless waived by the chairperson, the parliamentary procedure to be utilized by the commission in the conduct of its meetings and hearings shall be based on the current edition of Robert's Rules of Order Newly Revised, but only if it does not conflict with chapters 91 and 92, HRS, or these rules. (b) The commission shal! allow all interested persons an opportunity to submit data, views, arguments or present oral testimony on any agenda item in an open meeting. The commission may provide for the recordation of all presented oral testimony. The commission may impose limitations on the submission of data, views, arguments, or ora! testimony in the interest of preserving due process concerns of the contested case proceeding. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp NOV 0 ÿ2013 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §§91-2, 92-3, 92- 7) 15-15-ii Executive meetings. 13 (a) The 081 ' t:|m commission may hold an executive meeting from which the public may be excluded, for those purposes permitted by section 92-4, HRS, but only if there is an affirmative vote of two-thirds of the members present at the meeting; provided the affirmative vote constitutes a majority of the members to which the commission is entitled. The reason for holding the executive meeting shall be publicly announced and the vote of the members shall be recorded and entered into the minutes of the meeting. (b) The commission shall not make a decision or deliberate toward a decision in an executive meeting on matters not directly related to the purposes specified in section 92-5(a), HRS. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; comp NOV 0 ÿ2813 ] (Auth: HRS ÿ§205-i, 205-7) (Imp: HRS ÿ92-4, 92-5) 15-15-!2 REPEALED [ÿ0ÿ ÿ ÿ3] §15-15-13 Quorum and number of votes necessary for a decision. (a) Unless otherwise provided by law, a majority of al! the members to which the commission is entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the commission is entitled shall be necessary to make a commission decision valid; provided all approvals of petitions for boundary amendments under section 205-4, HRS, shall require six affirmative votes and approvals for special permits under section 205-6, HRS, shall require five affirmative votes. If a petition receives six affirmative votes, any subsequent vote reflecting the commission's' approval of the form of the order shall require five affirmative votes. (b) If the commission's action to approve a petition for boundary amendment under section 205-4, HRS, fails to obtain six affirmative votes, findings of fact, conclusions of law, and decision and order denying the petition shall be filed by the commission. If a petition fails to receive six affirmative votes, any subsequent vote reflecting the commission's approval of the form of the order shall require five affirmative votes. (G) If the commission's action to approve a petition for a special permit under section 205-6, HRS, fails to obtain five affirmative votes, findings of fact, conclusions of law, and a decision and order denying the petition shall be filed by the commission. If a petition fails to receive five affirmative votes, any subsequent vote reflecting the commission's 14 )081 approval of the form of the order shall require five affirmative votes. (d) In contested cases, commission members who have not heard and examined all of the evidence may vote only after the procedures set forth in section 91-11, HRS, have been complied with. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp NOV 0ÿ2013 ] (Auth: HRS §ÿ91-13.5, 205-i, 205-7) (Imp: HRS §ÿ91-13.5, 92-15, 205-4, 205-6)