Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 503 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-503-2 - Conduct of hearing

Current through June, 2024
(a) Unless
				otherwise specifically directed by the commission, all public hearings shall be
				held at Honolulu when the entire State or where two or more islands thereof are
				affected by the proposed adoption, amendment, or repeal of a rule. When a
				matter affects only an island or district other than Oahu, then the hearing
				shall be held on that island or in that district.
(b) Each hearing shall be presided over by a
				presiding officer who shall be a commission staff person as determined
				appropriate by the executive director or a member of the commission as approved
				by the commission's chairperson. The hearing shall be conducted in a way as to
				afford interested persons a reasonable opportunity to be heard on matters
				relevant to the issues involved and to obtain a clear and orderly record. The
				presiding officer shall have authority to administer oaths or affirmations and
				to take other actions that are necessary to the orderly conduct of the
				hearing.
(c) Each hearing shall be
				held at the date, time, and place set in the notice of hearing, but thereafter
				may be continued by the presiding officer from day to day at the same time and
				place or to a later date or to a different place without notice other than the
				announcement at the previous hearing.
(d) At the commencement of the hearing, the
				presiding officer shall read the notice of hearing and shall then outline
				briefly the procedure to be followed. Evidence shall then be received with
				respect to the proposed rulemaking in the order prescribed by the presiding
				officer.
(e) All interested
				persons, organizations or agencies shall be given a reasonable opportunity to
				offer evidence and submit data, views, or arguments with respect to the
				proposed rulemaking. Every witness before proceeding to testify, shall state
				the witness' name, address, and whom the witness represents, if any, at the
				hearing, and shall give other information respecting the witness' appearance as
				the presiding officer may request. The presiding officer shall confine the
				evidence to the questions before the hearing but shall not apply the technical
				rules of evidence. Every witness shall be subject to questioning by the
				presiding officer, other commission members, or the commission's attorney, but
				cross-examination by private persons shall not be permitted except with the
				express permission of the presiding officer.
(f) Persons, organizations, or agencies may
				also file with the commission within the time period specified in the notice of
				proposed rulemaking a written protest or other comments or recommendations in
				support of or in opposition to the proposed rulemaking. The period for filing
				may be extended by the commission by publishing a notice at least once
				statewide.
(g) Unless otherwise
				specifically ordered by the commission or the presiding officer, testimony
				given at the hearing shall be reported and shall be approved by the commission.
				All supporting written statements and 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, an
				original and nine copies of all exhibits shall be submitted.