Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 31 - HIGH TECHNOLOGY DEVELOPMENT › Subchapter 3 - DEVELOPMENT PROCESS › Section 15-31-31 - Conduct of rulemaking hearings

Current through June, 2024
(a) Each hearing
				  shall be presided over by the chairperson of the board or by its designated
				  representative. The hearing shall be conducted in such a way as to afford to
				  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
				  all other actions necessary to the orderly conduct of the hearing.
(b) At the commencement of the hearing, the
				  presiding officer shall read the pertinent portions of the notice of the
				  hearing and shall then outline briefly the procedure to be followed. Evidence
				  shall then be received with respect to the matters specified in the notice of
				  hearing in the order the presiding officer shall prescribe.
(c) All interested persons shall be given
				  reasonable opportunity to offer evidence with respect to the matters specified
				  in the notice of hearing. Every witness may, before proceeding to testify, be
				  sworn, and may be required thereafter to state the witness' name, address, and
				  whom the witness represents at the hearing, and give any 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 or by any other
				  representatives of the board, but cross-examination by private persons shall
				  not be permitted except if the presiding officer expressly permits
				  it.
(d) All interested persons or
				  agencies of the State or its political subdivisions shall 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 board within fifteen days following the close of public hearing a written
				  protest or other comments or recommendations in support of or in opposition to
				  the proposed rulemaking. Persons designated by the presiding officer shall be
				  furnished with copies of any written protest or other comments or
				  recommendations, and they shall be afforded a reasonable time within which to
				  file their comments in reply to the original protest, comments, or
				  recommendations. Written protest, comments, or recommendations or replies
				  thereto shall not be accepted unless an original and ten copies (or lesser
				  number of copies as Bay be specifically agreed to by the presiding officer) are
				  filed. The period for filing written protest, comments, or recommendations may
				  be extended by the presiding officer for good cause.
(e) Unless otherwise specifically ordered by
				  the board or the presiding officer, testimony given at the 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 the required number of copies impracticable and reduces
				  the number, eleven copies of the exhibits shall be submitted.
(f) At the close of the final public hearing,
				  the board shall announce the date when its decision shall be announced, or the
				  board may, if it so desires, Bake the decision at the public hearing. The board
				  shall consider all relevant comments and material of record before taking final
				  action in a rulemaking proceeding.
(g) The board shall adopt the development
				  rules as is or with Modifications and direct the chief executive officer to
				  implement such development rules.