Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-32 - Conduct of hearing

Current through June, 2024
(a) Contested case
				  hearings shall be conducted in accordance with this subchapter, and chapter
				  91, HRS.
(b) The board may conduct the hearing or, the
				  board in its discretion may delegate the conduct of the contested case hearing
				  to a hearing officer, in which case the chairperson shall select such hearing
				  officer. As used in this section and in sections 13-1-33, 13-1-34, 13-1-35,
				  13-1-36, and 13-1-39, unless the context clearly indicates otherwise, the term
				  "presiding officer" shall mean the presiding officer as defined in section
				  13-1-2 when the hearing is conducted by the board, but shall mean the hearing
				  officer when the conduct of the hearing has been delegated to a hearing
				  officer.
(c) The presiding officer
				  shall have the power to give notice of the hearing, administer oaths, compel
				  attendance of witnesses and the production of documentary evidence, examine
				  witnesses, certify to official acts, issue subpoenas, rule on offers of proof,
				  receive relevant evidence, hold conferences before and during hearings, rule on
				  objections or motions, fix times for submitting documents, briefs, and dispose
				  of other matters that normally and properly arise in the course of a hearing
				  authorized by law that are necessary for the orderly and just conduct of a
				  hearing. If the hearing is conducted by the board, the board members may
				  examine and cross-examine witnesses.
(d) The presiding officer shall provide that
				  a verbatim record of the evidence presented at any hearing is taken unless
				  waived by all the parties. Any party may obtain a certified transcript of the
				  proceedings upon payment of the fee established by law for a copy of the
				  transcript.
(e) In hearings on
				  applications, petitions, complaints, and violations, the applicant, petitioner,
				  complainant, or in the case of violations, the department shall make the first
				  opening statement and the last closing argument unless the board directs
				  otherwise. Other parties shall be heard in such order as the presiding officer
				  directs.
(f) Where a party is
				  represented by more than one counsel or representative, they may allocate
				  witnesses between them but only one of the counsel or representative shall be
				  permitted to cross-examine a witness or state any objections or make closing
				  arguments.
(g) Each party shall
				  have the right to conduct such cross-examinations of witnesses as may be
				  required for a full and true disclosure of the relevant facts and shall have
				  the right to submit rebuttal evidence, subject to limitations by the presiding
				  officer.
(h) To avoid unnecessary
				  or repetitive evidence, the presiding officer may limit the number of
				  witnesses, the extent of direct or cross examination or the time for testimony
				  upon a particular issue.