Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 201 - ENVIRONMENTAL COUNCIL RULES OF PRACTICE & PROCEDURE › Subchapter 8 - Appeals › Section 11-201-30 - Appeal Hearings; Procedures

Current through June, 2024
A. At the
				  commencement of the hearing, the presiding officer or hearing officer shall
				  read the notice of hearing and shall then outline briefly the procedure to be
				  followed. This procedure, unless specifically prescribed in this chapter or by
				  chapter
				  91, Hawaii Revised Statutes, shall be
				  such as in the opinion of the presiding officer or hearing officer shall best
				  serve the purposes of the hearing without prejudice to any party.
B. All parties shall be given reasonable
				  opportunity to offer testimony with respect to the matters relevant to the
				  proceeding. Witnesses, before proceeding to testify, shall state their name,
				  address, whom they represent at the hearing, and shall give the information
				  respecting their appearance relevant to the proceeding as the presiding officer
				  or hearing officer may request. The presiding officer or hearing officer shall
				  confine the testimony to the matters for which the hearing has been called but
				  need not apply the technical rules of evidence except as required by law. Each
				  witness shall be subject to questioning by members of the council and by any
				  representative of the council. Each witness shall also be subject to
				  cross-examination by the adverse party. Each party shall have the right to
				  submit rebuttal evidence and rebuttal arguments.
C. The council or hearing officer shall take
				  notice of judicially recognizable facts and may take notice of generally
				  recognizable technical or scientific facts within the council's or hearing
				  officer's specialized knowledge when parties are given notice either before or
				  during the hearing of the material so noticed and are afforded the opportunity
				  to contest the facts so noticed.
D.
				  At the hearing, the presiding officer or hearing officer may require the
				  production of further evidence upon any issue.
E. After all the evidence has been presented,
				  the council or hearing officer shall give the parties opportunity to summarize.
				  Within a reasonable time after the final arguments have been completed and all
				  requested memoranda submitted, the council or hearing officer shall bring the
				  matter to a close.
F. The council
				  or hearing officer shall permit parties to file proposed findings and
				  conclusions, together with the reasons therefor at the close of the hearings or
				  within the time as is extended at the discretion of the council or hearing
				  officer. The proposal shall be in writing and shall contain references to the
				  record and to the authorities relied upon. Copies thereof shall be furnished to
				  all parties.
G. The council, as
				  soon as practicable and unless otherwise stipulated by the parties, not later
				  than thirty days after receipt of the appeal, shall notify the appellant of the
				  decision and order. This decision and order shall include separate findings of
				  facts and conclusions of law if the decision is adverse to the appellant. The
				  council shall incorporate in the decision a ruling upon each proposed finding
				  so presented. Parties to the proceeding shall be notified by delivering or
				  mailing a certified copy of the decision and order and any accompanying
				  findings and conclusions to each party or to the party's attorney of
				  record.