HAR §15-15-59. Conduct of hearing

(a) The hearing shall be conducted in accordance with this subchapter. Unless otherwise provided by law, the party initiating the proceeding shal! have the burden of proof, including the burden of producing evidence and the burden of persuasion° (b) The presiding officer shall convene the 47 hearing and summarize the proceeding. (c) Before presenting the case, the parties shall have the opportunity to make opening statements in the order in which they present witnesses. Opening statements may be waived. (d) Unless otherwise directed by the presiding officer, witnesses shall be called in the following order in a district boundary amendment proceeding: (1) (2) (3) (4) (5) (6) e) Witnesses for the petitioner; Witnesses for the county planning department; Witnesses for the state office of planning; Witnesses for each intervenor, in the order in which intervention was granted; Rebuttal witnesses for the petitioner; Additional witnesses as the presiding officer may determine. Witnesses shal! be examined in the following order i) Direct examination by the party calling the witness; 2) Cross-examination by the other parties; 3) Examination by the presiding officer or any member of the commission; 4) Redirect examination by the party calling the witness; 5) Recross examination by the other parties; 6) Reexamination by the presiding officer or any member of the commission. (f) After all parties have presented their cases through testimony and exhibits, all parties may provide closing statements in the order in which they presented witnesses; provided that petitioner may make a rebuttal closing statement. Closing statements may be waived. [Eff 10/27/86; comp 8/16/97; comp 5/8/00; am and comp NOV 0 22013 ] (Auth: HRS ÿ§205-i, 205-7) (Imp: HRS ÿ§91-2, 205-4) 15-15-60 Presiding officer. (a) Notwithstanding section 15-15-06, in all hearings before the commission, the chairperson, a vice-chairperson, one of the other commissioners, or a hearings officer appointed by the commission shall preside at the hearing. (b) The presiding officer shall convene the hearing and briefly state the nature of the case, control the schedule and course of the hearings, administer oaths and affirmations, receive evidence, hold appropriate conferences before and during hearings, rule upon all objections or motions which do 48 not involve a final determination of the proceedings, receive offers of proof, and fix the time for the filing of briefs or proposed findings of fact, conclusions of law and decisions and orders and responses or objections thereto, dispose of any other matter that normally and properly arises in the course of a hearing, and take all other actions authorized by law that are deemed necessary to the orderly and just conduct of a hearing. (c) The presiding officer may postpone or continue any hearing upon a motion of any party without a hearing. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp N0V 0 22013 ] (iuth: HRS §§205-1, 205-7) (Imp: HRS §§91-2, 205-4)