Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 4-1-41 - Conduct of contested case hearings

Current through June, 2024
(a) Each hearing
				  shall be held before the board or presided over by a hearing officer.
(b) The board or hearing officer shall be
				  authorized to administer oaths or affirmations and to take all actions
				  necessary for the orderly conduct of the hearing.
(c) Each hearing shall be held at the time
				  and place set in the notice of hearing, but may be continued by the board or
				  hearing officer from day to day or adjourned to a later date or to a different
				  place without notice other than an announcement at the hearing.
(d) The hearing shall be conducted in such a
				  way as to afford each party a reasonable opportunity to offer evidence on the
				  matters specified in the notice of hearing and to obtain a clear and orderly
				  record. However, in order to avoid unnecessary, cumulative evidence, the board
				  or hearing officer may limit the number of witnesses or the time allowed for
				  testimony.
(e) At the commencement
				  of the hearing, the notice of hearing shall be read and the procedure to be
				  followed briefly outlined. Evidence shall then be received with respect to the
				  matters specified in the notice of hearing in such order as the board or
				  hearing officer prescribes.
(f) The
				  petitioner or complainant shall make the first opening statement and the last
				  closing argument unless the board or hearing officer directs otherwise. Other
				  parties shall be heard in such order as the board or the hearing officer
				  directs.
(g) Each party shall be
				  afforded an opportunity to submit orally or in writing data, views, or
				  arguments that are relevant to the matters specified in the notice of hearing.
				  The board or hearing officer may require the filing of an original and eight
				  copies of all written comments, recommendations, or replies.
(h) All supporting written statements, maps,
				  charts, tabulations, or similar data offered in evidence at the hearing, and
				  which are deemed by the board or hearing officer to be authentic and relevant,
				  shall be received in evidence and made a part of the record.
(i) Each party shall have the right to call
				  or have subpoenaed witnesses to testify at the hearing.
(j) Each party shall have the right to
				  conduct such examination or cross examination of the witnesses as may be
				  necessary for a full and true disclosure of the relevant facts and shall have
				  the right to submit rebuttal evidence, subject to limitation of repetitive
				  questions or cumulative evidence by the board or hearing officer.
(k) Witnesses shall also be subject to
				  questioning by members of the board, the hearing officer, or any other
				  representative of the board.
(l)
				  Before proceeding to testify, all witnesses shall:
(1) Swear or affirm to tell the
				  truth;
(2) State their name and
				  address; and
(3) Give any
				  information respecting their appearance as the board or hearing officer may
				  request.