Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 167 - RULES OF PRACTICE AND PROCEDURE FOR THE COMMISSION ON WATER RESOURCE MANAGEMENT › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-167-44 - Conduct of rulemaking hearing

Current through June, 2024
(a) Each hearing
				  shall be presided over by the chairperson of the commission 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 representative of the commission, 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 commission 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 may 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.
(f) Unless otherwise specifically ordered by
				  the commission 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.
(g) At the close of the final public hearing,
				  the commission shall announce the date when its decision shall be announced, or
				  the commission may, if it so desires, make the decision at the public hearing.
				  The commission shall consider all relevant comments and material of record
				  before taking final action in a rulemaking proceeding.