HAR §15-300-49. Procedure at hearing

Unless otherwise stipulated by the parties, which stipulation is approved by the board or the hearings officer, all hearings shall proceed as follows: 300-18 §15-300-49 (1) The parties shall have the opportunity to make opening statements before any evidence is presented, unless they waive the opportunity. The opening statement shall be heard in the following order: (A) Petitioner's opening statement; and (B) Respondent's opening statement, unless respondent chooses to reserve the opening statement until after presentation of petitioner's evidence; (2) The petitioner's evidence shall be presented first, and shall be followed by the presentation of evidence by respondent; (3) After presentation of the evidence in support of their respective cases, the parties shall have the opportunity to introduce rebuttal evidence. Rebuttal evidence shall be introduced in the same order as was followed with respect to the introduction of evidence in support of their respective cases; (4) • Each witness shall first be sworn under oath and shall be examined first by the party calling the witness before cross-examination by the opposing party; (5) After all evidence, including rebuttal evidence, has been presented, the parties shall have the opportunity to make final argument. Final argument shall proceed as follows: (A) Petitioner's final argument; (B) Respondent's final argument; and (C) Petitioner's final argument in rebuttal which shall be limited to countering matters raised in_ respondent's final argument; and (6) The hearing shall be deemed closed after completion of all final 0 arguments or upon filing of all permitted memoranda and other post-hearing submissions or upon the expiration of the time allowed for filing submissions, unless the time is extended, or 3-00-19 2,-7 5 9 §15-300-49 (1) The parties shall have the opportunity to make opening statements before any evidence is presented, unless they waive the opportunity. The opening statement shall be heard in the following order: {A ) Petitioner's opening statement; and (B ) Respondent's opening statement, unless respondent chooses to reserve the opening statement until after presentation of petitioner's evidence; (2) The petitioner's evidence shall be presented first, and shall be followed by the presentation of evidence by respondent; ( 3 ) After presentation of the evidence in support of their respective cases, the parties shall have the opportunity to introduce rebuttal evidence. Rebuttal evidence shall be introduced in the same order as was followed with respect to the introduction of evidence in support of their respective cases; (4) Each witness shall first be sworn under oath and shall be examined first by the party calling the witness before cross-examination by the opposing party; (5) After all evidence, including rebuttal evidence, has been presented, the parties shall have the opportunity to make final argument. Final argument shall proceed as follows: {A) Petitioner's final argument; (B ) Respondent's final argument; and {C) Petitioner's final argument in rebuttal which shall be limited to countering matters raised in respondent's final argument; and (6) The hearing shall be deemed closed after completion of all final arguments or upon filing of all permitted memoranda and other post-hearing submissions or upon the expiration of the time allowed for filing submissions, unless the time is extended, or 300-19 2-7 59 a,, s9 §15-300-49 upon the completion,of taking further evidence, whichever is later. [Ef f JUN 15 2007 ] (Auth: HRS §201H-4) (Imp: HRS §§91-9, 91-10) §15-300-50 Proposed findings of fact and conclusions of law. Proposed findings of fact, conclusions of law, decisions, and orders shall .be prepared by the prevailing party, filed with the board no later than seven business days after the day the proceedings were concluded, or such other time as may be established by the board or hearings officer, and delivered or mailed within a reasonable time to each party or to _the party's authorized representative. [Eff JUN 15?flr!7 ] (Auth: HRS §201H-4) (Imp: HRS §201H-4) §15-300-51 Board's final decisions, orders, findings of fact, and conclusions of law. (a) The board shall issue its final decision and order together with findings of fact and conclusions of law. The findings of fact, conclusions of law, and final decisions and orders shall be based upon the whole record and shall be supported by reliable, probative and substantial evidence, including facts of which the board properly took judicial notice. (b) If the proceedings were held before a hearings officer. and exceptions were filed to the recommended decision, the board shall afford the parties an opportunity for oral argument before the board as to the exceptions, prior to the board's adoption of a decision and order and findings of fact and conclusions of law. {c) If any party has timely filed proposed findings of fact, the board shall incorporate in its decision a ruling upon each proposed finding so presented, provided that a separate ruling on each proposed finding shall not be required. 300-20 07 5 9 §15-300-49 upon the completion of taking further evidence, whichever is later. [ Eff JUN 15 2007 I (Auth: HRs s201H-4) (Imp: HRS §§91-9, 91-10) §15-300-50 Proposed findings of fact and conclusions of law. Proposed findings of fact, conclusions of law, decisions, and orders shall be prepared by the prevailing party, filed with the board no later than seven business days after the day the proceedings were concluded, or such other time as may be established by the board or hearings officer, and delivered or mailed within a reasonable time to each party or to the party's authorized representative. (Eff JUN 157NN) I (Auth: HRs s201H-4) (Imp: HRS §201H-4) §15-300-51 Board's final decisions, orders, findings of fact, and conclusions of law. (a) The board shall issue its final decision and order together with findings of fact and conclusions of law . The findings of fact, conclusions of law, and final decisions and orders shall be based upon the whole record and shall be supported by reliable, probative and substantial evidence, including facts of which the board properly took judicial notice. (b) If the proceedings were held before a hearings officer. and exceptions were filed to the recommended decision, the board shall afford the parties an opportunity for oral argument before the board as to the exceptions, prior to the board's adoption of a decision and order and findings of fact and conclusions of law. (c) If any party has timely filed proposed findings of fact, the board shall incorporate in its decision a ruling upon each proposed finding so presented, provided that a separate ruling on each proposed finding shall not be required. 300-20 §15-300-52 (d) The board shall cause to have a certified copy of the decision and order and accompanying findings and conclusions, delivered or mailed within a reasonable time after their adoption by the board, to each party or the party's authorized representative. [Eff HlP 1 t;·znm ] (Auth: HRS §201H-4) (Imp: HRS §§9l~'t'.1~, ~ 13.lQ) §15-300-52 Procedure before a hearings officer; transmittal to board. (a) Upon conclusion of the proceedings betore the hearings officer and following the timely submittal of proposed findings of fact, conclusions of law, and c:iecision and order, the hearings officer shall prepare a recommended decision in the matter for the board. (b) If the 1 recommended decision is adverse to any party to the proceeding other than the corporation, the recommended decision shall contain a statement of the reasons therefor and shall include a determination of each issue of fact or law necessary to the recommended decision and it shall be served upon all parties. Any party adversely affected by the .recommended decision may file exceptions thereto and may submit written argument in support of the exceptions to the board, provided that the exceptions and argument shall be filed within ten days of the service of the recommended decision, or within such other time as may be designated by the hearings officer. (c) Following the expiration of the time ·specified in subsection (b) , • or if not applicable, following preparation of the recommended decision, the hearings officer shall transmit the entire record to the board for action together with the recommended decision, any timely filed exceptions thereto, and any timely submitted written arguments in support of the exceptions. [Eff ':\\ 152007 ] (Auth: HRS §201H-4) (Imp: HRS §91-11) 300-21 §15 -300-52 (d) The board shall cause to have a certified copy of the decision and order and accompanying findings and conclusions, delivered or mailed within a reasonable time after their adoption by the board, to each party or the party's authorized representative. Eff Ill}N 152007, 1 (Auth: HRS §201H-4) (Imp: HRS ss91 ''I' g414W) §15-300-52 Procedure before a hearings officer; transmittal to board. (a) Upon conclusion of the proceedings before the hearings officer and following the timely submittal of proposed findings of fact, conclusions of law, and decision and order, the hearings officer shall prepare a recommended decision in the matter for the board. (b) If the' recommended decision is adverse to any party to the proceeding other than the corporation, the recommended decision shall contain a statement of the reasons therefor and shall include a determination of each issue of fact or law necessary to the recommended decision and it shall be served upon all parties. Any party adversely affected by the recommended decision may file exceptions thereto and may submit written argument in support of the exceptions to the board, provided that the exceptions and argument shall be filed within ten days of the service of the recommended decision, or within such other time as may be designated by the hearings officer. (c) Following the expiration of the time specified in subsection (b), or if not applicable, following preparation of the recommended decision, the hearings officer shall transmit the entire record to the board for action together with the recommended decision, any timely filed exceptions thereto, and any timely submitted written arguments in support of the
 exceptions. [Eff }~ 15?0]/ I (Auth: HRS 5201H-4) (Imp: HRS S91-11) 300-21 xyz {| §15-300-71 SUBCHAPTER 4 DECLARATORY RELIEF §15-300-71 General provisions; contents of petition for declaratory relief. Any interested person may petition the board for a declaratory ruling as to the applicability of any statutory provision or of any rule or order. Each petition shall state concisely and with particularity the facts giving rise to the petition, including the petitioner's interest; reasons for filing the petition, and the names of any potential respondents, the provision or rule in question, the issues raised, and petitioner's .f>Rfiti~P.fr contentions with respect thereto. [Eff 1UUN J 5 200 ] (Auth: HRS §201H-4) (Imp: HRS §91-8) §15-300-72 Memorandum of authorities in support of petition. Petitioner shall also file a memorandum of authorities together with any petition for declaratory relief at the time the petition is filed. The memorandum of authorities in support of the petition shall contain a full discussion of the reasons, inciuding legal authoritieAN ij'4,P~o~~tive of the petitioner's position. [Eff Ju 1n~JUf ] (Auth: HRS §2 0lH-4) (Imp: HRS §201G-4)