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 4 - CONTESTED CASE PROCEEDINGS › Section 13-167-56 - Conduct of hearing

Current through June, 2024
(a) Contested case
				  hearings shall be conducted in accordance with this subchapter, and chapter
				  91, HRS.
(b) The presiding officer shall have the
				  power to give notice of the hearing, administer oaths, compel attendance of
				  witnesses and the production of documentary evidence, examine witnesses,
				  certify to official acts, issue subpoenas, rule on offers of proof, receive
				  relevant evidence, hold conferences before and during hearings, rule on
				  objections or motions, fix times for submitting documents, briefs, and dispose
				  of other matters that normally and properly arise in the course of a hearing
				  authorized by law that are necessary for the orderly and just conduct of a
				  hearing. The commission members may examine and cross-examine
				  witnesses.
(c) The chairperson of
				  the commission shall be the presiding officer. However, the chairperson may
				  designate another commission member, an appointed representative, or a master
				  to be presiding officer unless prohibited by law.
(d) The commission may conduct the hearing
				  or, unless otherwise prohibited by law, the commission in its discretion may
				  designate a hearing officer or master to conduct contested case
				  hearings.
(e) The presiding officer
				  shall provide that a verbatim record of the evidence presented at any hearing
				  is taken unless waived by all the parties. Any party may obtain a certified
				  transcript of the proceedings upon payment of the fee established by law for a
				  copy of the transcript.
(f) In
				  hearings on applications, petitions, complaints, and violations, the petitioner
				  or complainant shall make the first opening statement and the last closing
				  argument unless the commission directs otherwise. Other parties shall be heard
				  in such order as the presiding officer directs. After all parties close their
				  case, the department may make its recommendations, if any.
(g) Where a party is represented by more than
				  one counsel, they may allocate witnesses between them but only one of the
				  counsel shall be permitted to cross-examine a witness or to state any
				  objections or to make closing arguments.
(h) Each party shall have the right to
				  conduct such cross-examinations of the witnesses as may be required for a full
				  and true disclosure of the relevant facts and shall have the right to submit
				  rebuttal evidence, subject to limitation by the presiding officer.
(i) To avoid unnecessary or repetitive
				  evidence, the presiding officer may limit the number of witnesses, the extent
				  of direct or cross examination, or the time for testimony upon a particular
				  issue subject to law.
(j) Any
				  procedure in a contested case may be modified or waived by stipulation of the
				  parties and informal disposition may be made of any contested case by
				  stipulation, agreed settlement, consent order or default.