HAR §16-181-22
HAR §16-181-22. Conduct of the hearing
Cite as Haw. Code R. § 16-181-22
(a) The hearing shall be conducted
to encourage a full and complete disclosure of the facts and to afford each party
a full and equal opportunity to present the party's evidence.
(b)
Hearings shall be open to the public, provided that the arbitrator
may exclude any observer, witness, or party who is disruptive to the conduct of
the hearing. The person may be readmitted upon the cessation of disruptive
conduct and upon reassurance that the person's conduct will not continue.
(c)
The arbitrator shall conduct the hearing and shall take whatever
action is necessary to maintain decorum and ensure that the hearing proceeds in
an equitable, orderly, and expeditious manner. All parties shall abide by the
arbitrator's ruling.
(d)
Each party shall have the right to present evidence, cross-examine
witnesses, enter objections, and assert all other rights essential to a fair hearing.
(e)
Oral testimony shall be taken upon oath.
(f)
The arbitrator shall open the hearing by introducing the parties
and shall set forth the procedures to be followed during the hearing.
181-13
§181-22
(g)
The consumer shall present the consumer's evidence and
witnesses, then the manufacturer shall present its evidence and witnesses. The
arbitrator may vary the presentation of evidence if deemed appropriate to more
fully develop the facts.
(h)
Each party may question the other after each presentation, and
may question each witness after testimony. The arbitrator may direct questions
to any party or witness at any time. The arbitrator shall restrict the inquiry of
any person to the scope of the proceedings.
(i)
Each party shall be allowed to present a closing argument.
[Eff 3/3/97; comp 10/8/05] (Auth: HRS §481I-4) (Imp: HRS §481I-4)