Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 1 - UNIVERSITY OF HAWAII BOARD OF REGENTS › Chapter 1.1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULES APPLICABLE TO RULEMAKING HEARINGS › Section 20-1.1-19 - Conduct of rulemaking hearing

Current through June, 2024
(a) Public hearing.
				  Unless otherwise specifically-directed by the board, all rulemaking 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. However, the
				  board may hold such hearings on a neighbor island if a written request for such
				  a hearing is received by the board within the time specified in the public
				  notice.
When a matter affects only a county other than the city and
					 county of Honolulu, then the hearing shall be held in that county.
(b) Presiding officer. Unless
				  otherwise specifically directed by the board, each rulemaking hearing shall be
				  presided over by the chairperson of the board or by the chairperson's
				  designated representative. The presiding officer shall have authority to take
				  all actions necessary for the orderly conduct of the hearing.
(c) Continuance of rulemaking hearing. 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 or to a later date or to a different place without notice other than the
				  announcement at the time the hearing is continued.
(d) Order of hearing. 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 the
				  order prescribed by the presiding officer.
(e) Conduct of hearing. All interested
				  persons, organizations, or agencies shall be given reasonable opportunity to
				  offer testimony which may consist of data, views, or arguments with respect to
				  the matters specified in the notice of hearing. 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 testimony to the questions before the hearing and is
				  empowered to confine the testimony so as to keep order. Every person testifying
				  may be subject to questioning by the presiding officer or any other
				  representative of the board, but questioning by private persons shall not be
				  permitted unless the presiding officer expressly permits it.
(f) Submission of evidence. All interested
				  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. Unless the presiding officer finds that the furnishing of
				  copies is impracticable, written protests, comments, or recommendations or
				  replies thereto will not be accepted unless an original and fourteen copies are
				  filed. The period of filing may be extended by the presiding officer for good
				  cause.
(g) Transcript of the
				  testimony. 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 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
				  fourteen copies of the supporting written statements and data shall be
				  submitted.