Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 6 - Rulemaking › Section 11-201-18 - Conduct of Hearing

Current through June, 2024
A. The public
				  hearing for the adoption, amendment, or repeal of rules shall be heard before
				  the council and presided over by the chairperson of the council, or, in the
				  chairperson's absence by another member designated by the council. The hearing
				  shall be conducted in a manner as to afford to interested persons and agencies
				  a reasonable opportunity to offer testimony with respect to the matters
				  specified in the notice of hearing and so as 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. Each hearing shall
				  be held at the time and place set in the notice of hearing but at the time and
				  place may be continued by the presiding officer from day to day or adjourned to
				  a later date or to a different place without notice other than the announcement
				  thereof at the hearing.
C. 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. Testimony
				  shall then be received with respect to the matters specified in the notice of
				  hearing in the order as the presiding officer shall prescribe.
D. Each witness, before proceeding to
				  testify, shall state the witness' name, address, and whom the witness
				  represents at the hearing, and shall give the information respecting the
				  appearance of the witness as the presiding officer may request. The presiding
				  officer shall confine the testimony to the matters for which the hearing has
				  been called but shall not apply the technical rules of evidence. Every witness
				  shall be subject to questioning by the members of the council or by any other
				  representative of the council. Cross-examination by persons or agencies shall
				  be permitted only at the discretion of the presiding officer.
E. All interested persons or agencies shall
				  be afforded an opportunity to submit data, views, or arguments orally or in
				  writing that are relevant to the matters specified in the notice of hearing.
				  The period for filing written comments or recommendations may be extended
				  beyond the hearing date by the presiding officer for good cause. An original
				  and fifteen copies of written comments, recommendations, or replies shall be
				  submitted.
F. Unless otherwise
				  specifically ordered by the council, testimony given at the public hearing
				  shall 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 copies is impracticable, sixteen copies of
				  the exhibits shall be submitted.