Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 12-44-25 - conduct of hearing

Current through June,
				2024
(a) The public
				hearing shall be presided over by the council chairperson or a designated
				representative, in the chairperson's absence. The hearing shall give persons a
				reasonable opportunity to be heard on matters relevant to the issues involved.
				The presiding officer may administer oaths or affirmations and take all other
				actions necessary to the orderly conduct of the hearing and the attainment of a
				clear and orderly record.
(b) Each
				hearing shall be held at the time and place set in the notice of hearing, but
				may be continued by the presiding officer from day to day or be 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. Evidence
				shall then be received with respect to the matters specified in the notice of
				hearing in such order as the presiding officer shall prescribe.
(d) Before testifying, every witness shall
				state the witness's name, address, and whom the witness represents at the
				hearing, and shall give such 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 council or by any other representative of the council, but
				cross-examination by private persons shall not be permitted unless
				the-presiding officer expressly permits it.
(e) All interested persons and governmental
				agencies shall be afforded an opportunity to submit data, views, or arguments
				which are relevant to the matters specified in the notice of hearing. in
				addition, or in lieu thereof, persons or agencies may also file with the
				council a written protest or other comments or recommendations in support of or
				in opposition to the proposed rule. Written protest, comments, or
				recommendations or replies thereto shall not be accepted unless an original and
				five copies are filed. The presiding officer may extend for good cause the
				period for filing written protest, comments, or recommendations beyond the
				hearing date.
(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, six copies of the
				exhibits shall be submitted.