Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEDURE › Section 19-170-32 - Hearing procedures

Current through June, 2024
(a) The public
				  hearing before the development corporation shall be presided over by the
				  chairperson, or, in the chairperson's absence, by another board member or
				  hearing officer designated by the board. A quorum of the board shall not be
				  required in the conduct of a hearing. Interested individuals and agencies shall
				  have a reasonable opportunity to offer testimony with respect to the matters
				  specified in the notice of hearing. A clear and orderly record shall be
				  obtained. The presiding officer shall be authorized to administer oaths or
				  affirmations and to take all other actions necessary to the orderly conduct of
				  the hearing.
(b) Each hearing shall
				  be held at the time and place set in the notice of hearing but may at such time
				  and place be continued by the presiding officer from day to day or adjourned to
				  a later date or to a different place without notice other than the announcement
				  at the hearing.
(c) At the
				  commencement of the hearing, the presiding officer shall read the notice of
				  hearing and shall outline briefly the procedure to be followed. Testimony shall
				  then be received with respect to the matters specified in the notice of hearing
				  in the order the presiding officer prescribes.
(d) To avoid unnecessary cumulative evidence,
				  the presiding officer may limit the number of witnesses or the time for
				  testimony upon a particular issue.
(e) The presiding officer shall have any
				  person who willfully disrupts a hearing to prevent or compromise the conduct of
				  the hearing removed from the hearing room.
(f) Before proceeding to testify, witnesses
				  shall state their name, address, and whom they represent at the hearing, and
				  shall give any information respecting their appearance as the presiding officer
				  may request. The presiding officer shall confine the testimony to the matters
				  for which the hearing has been called but shall not apply the technical rules
				  of evidence. Witnesses shall be subject to questioning by the members of the
				  board or by any other representative of the board.
(g) All interested persons or agencies shall
				  be afforded an opportunity to submit data, views, or arguments orally or in
				  writing that are relevant to the matters specified in the notice of hearing.
				  The period for filing written comments or recommendations may be extended
				  beyond the hearing date by the presiding officer for good cause. An original
				  and seven copies shall be required when submitting written comments,
				  recommendations, or replies.
(h)
				  Unless otherwise specifically ordered by the board, testimony given at the
				  public hearing shall not be reported verbatim. All supporting written
				  statements, maps, charts, tabulations, or similar data offered in evidence at
				  the hearing, and which are deemed by the presiding officer to be authentic and
				  relevant, shall be received in evidence and made a part of the record. Unless
				  the presiding officer finds that furnishing copies is impracticable, eight
				  copies of the exhibits shall be submitted.