HAR §15-15-66. Removal from proceeding

Any person who wilfully disrupts a hearing or other proceeding may be removed from the hearing room. [Elf 10/27/86; am and comB 8/16/97; comB 5/8/00; am and compN0V 0 ÿ013 ] 52 (Auth: HRS §§205-1, 205-7) (Imp: 205-4) HRS §§91-2, 92-3, 515-15-67 Co-counsel. Where a party is represented by more than one attorney or representative, only one of the attorneys or representatives shal! be permitted to make an opening statement, or to examine or cross-examine a particular witness or to state any objections or to make c!osing statements, unless otherwise authorized by the presiding officer. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 22013 ] (iuth: HRS 5§205-1, 205-7 (Imp: HRS 5591-2, 205-4) 515-15-68 REPEALED [R NOV 0/ÿ] 515-15-69 Subpoenas. (a) Any party may file a written motion for the issuance of a subpoena requiring the attendance of a witness for the purpose of taking oral testimony before the commission, which motion shal! not requmre a hearing. (b) Motions for the issuance of subpoenas duces tecum shall: (i) Be in writing; (2) Specify the particular document or record, or part thereof, desired to be produced; (3) State the reasons why the production thereof is believed to be material and relevant to the issues involved; and (4) Include a statement of the reasons why the testimony of the witness is believed to be materia! and relevant to the issues involved. (c) Three original copies of the subpoenas duces tecum shall be submitted together with the motion filed pursuant to subsection (b). (d) The presiding officer, chairperson, or in the chairperson's absence, any commissioner, may issue subpoenas. Subpoenas shall not be issued unless the party requesting the subpoena has complied with this section. Signed and sealed blank subpoenas shall not be issued to any person. The name and address of the witness shall be inserted in the original subpoena, a copy of which shal! be filed in the proceeding. Subpoenas shall show at whose instance the subpoena is issued. 53 3081 (e) A party requesting the subpoenas shall be responsible for service of the issued subpoenas, and pay the witnesses summoned the same fees and mileage as are paid witnesses in circuit courts of the State of Hawai'i, and the fees and mileage shall be paid by the party at whose instance the witness appears. (f) Notwithstanding any rule to the contrary, the chairperson, a commissioner, or a duly-appointed hearings officer may make an oral motion to request the issuance of a subpoena. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; comp NOV 022013 ] (iuth: HRS ÿ§205-i, 205-7) (Imp: HRS §ÿ91-2, 92-16, 205-4) 15-15-70 Motions. (a) Any party may make motions before, during, or after the close of a hearing. (b) All motions, other than those made during a hearing, shall: (i Be in writing; (2 State the grounds for the motion; (3 Set forth the relief or order sought; (4 Be accompanied by a memorandum in support of the motion, if the motion involves a question of law; and (5 Be filed with the commission at least ten business days before the next regularly scheduled meeting of the commission. (c Every motion, except one entitled to be heard ex parte, shall indicate whether a hearing is requested on the motion. If a motion requires the consideration of facts not appearing of record, it shall be supported by affidavits or declarations. (d) The moving party shall serve a copy of all motion papers on all other parties and shall file the original plus one paper copy and one electronic copy with the commission and proof of service. The number and format of copies required under this section may be modified by order of the commission. (e) The opposing party Or parties shall serve on all other parties and file counter affidavits and memorandums in opposition to the motion and of the authorities relied upon not later than seven days after being served with any written motion, or, if the hearing on the motion will occur less than seven days after the motion is served, at least forty-eight hours before the time set for hearing, unless otherwise ordered by the chairperson, chairperson's designee, or hearings officer. The chairperson, chairperson's designee, or hearings officer may order the opposing 54 3081 i. m party or parties to file its memorandum in opposition earlier than the seven day period. The opposing party shall file the origina! plus one paper copy and one electronic copy with the commission and proof of service. The number and format of copies required under this section may be modified by order of the commission. (f) Any party who does not oppose a motion or who intends to support a motion or who desires a continuance shall notify the commission, through the executive officer, and the opposing counsel within seven days after being served or, if the hearing on the motion will occur less than seven days after the motion is served, within forty-eight hours before the time set for hearing. (g) Failure to serve or file memoranda in opposition to a motion or failure to appear at the hearing may be deemed a waiver of objection to the granting or denia! of the motion. (h) Motions that do not involve the final determination of a proceeding may be heard and determined by the chairperson, commissioner, or hearings officer. (i) If a hearing is requested, the executive officer shall set a date and time for hearing on the motion. (j) If a hearing on the motion is not requested, the commission may decide the matter upon the pleadings, memoranda, and other documents filed with the commission. (k) Any motion, except a motion for relief from or release of conditions submitted by the same party or parties and based upon substantially the same grounds as a previous motion that has been considered by the commission or denied by the commission shall not be again considered. (i) After the hearing on the evidence is closed, but before the commission votes on a decision, a party for good cause shown may move to re-open the hearing to take newly discovered evidence. The motion shall specify the facts claimed to constitute good cause, including material changes of fact or of law alleged to have occurred since the closing of the hearing and shall provide a description of the proposed additional evidence and an explanation of why the newly discovered evidence was not previously adduced. The party filing the motion shall be responsible for fees and costs pursuant to section 15-15-45.1. (m) Orders granting, denying or otherwise disposing of motions, except motions to amend decisions 55 and orders relating to district boundary amendments and to special permits, may be signed by the chairperson or any vice chairperson, or the presiding officer, or the hearings officer, as the case may be. Orders granting, denying, or otherwise disposing of motions relating to amendments of decisions and orders in district boundary amendment proceedings and to special permits shall be signed by the commissioners who have heard or examined the evidence relating to the motion and who have voted affirmatively on the decision. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 ÿ2813 ] (Auth: HRS §ÿ205-i, 205-7) (Imp: HRS ÿ91-2, 205-4)