Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-3-3 - Conduct of hearing

Current through June, 2024
(a) Unless
				otherwise specifically directed by the board, all public hearings shall be held
				at Honolulu when the entire State or a major portion thereof is 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 member of the board as approved by the
				board'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 which 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, submit data, views or arguments with respect to the proposed
				rulemaking. Every witness shall, before proceeding to testify, 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 board members, or the board'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 board 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 board by publishing a notice at least once in a
				newspaper of general circulation in the State.
(g) Unless otherwise specifically ordered by
				the board or the presiding officer, testimony given at the hearing shall be
				reported verbatim and shall be approved by the board. 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 twelve copies of all
				exhibits shall be submitted.