Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 3 - PROCEDURES FOR RULEMAKING › Section 19-1-23 - Conduct of Hearing

Current through June, 2024
(a) Each rule
				  making hearing shall be presided over by the director or the director's
				  representative. The hearing shall be conducted in such way as to afford to any
				  interested person a reasonable opportunity to be heard oh matters relevant to
				  the issues involved and so as to obtain a clear and orderly record. The
				  presiding officer shall have authority to take all actions necessary to the
				  orderly conduct of the hearing.
(b)
				  At the commencement of the hearing, the presiding officer shall summarize the
				  notice of the hearing and outline briefly the procedure to be followed.
				  Testimony on the matters specified in the notice of the hearing shall then be
				  received in such order as the presiding officer shall prescribe.
(c) Submission of evidence. All interested
				  persons shall be given reasonable opportunity to offer evidence with respect to
				  the matters specified in the notice of hearing. Every witness shall, before
				  proceeding to testify, state his or her name, address, and whom he or she
				  represents at the hearing, and shall give such other information respecting his
				  or her appearance as the presiding officer may request. The presiding officer
				  shall confine the evidence to the questions before the hearing but shall not
				  apply technical rules of evidence. Every witness shall be subject to
				  questioning by the presiding officer, but cross-examination by private persons
				  shall not be permitted except if the presiding officer expressly permits
				  it.
(d) Oral and written
				  presentation at the hearing. All interested persons or agencies of the State or
				  political subdivisions of the State will be afforded an opportunity to submit
				  data, views or arguments which are relevant to the issues. In addition, or in
				  lieu thereof, persons or agencies may also file with the department within five
				  calendar days following the close of the hearing a written protest, other
				  comments or recommendations in support of or in opposition to the proposed
				  rulemaking. Written protest, comments or recommendations or replies thereto
				  will not be accepted unless an original and two copies are filed. The period
				  for filing written protest, comments or recommendations may be extended by the
				  presiding officer for good cause.
(e) Transcript of the evidence. Unless
				  otherwise specifically ordered by the presiding officer, testimony given at a
				  rulemaking hearing need 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 the furnishing of copies is impracticable, two
				  copies of the exhibits shall be submitted.
(f) Continuance of hearing. Each such hearing
				  shall be held at the time and place set in the notice of hearing, but such time
				  may 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
				  thereof at the scheduled time and place.