Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 4 - PROCEDURES FOR RULEMAKING › Section 5-1-63 - Conduct of hearing

Current through June, 2024
(a) Each rulemaking
				  hearing shall be presided over by the director or the director's
				  representative. The hearing shall be conducted in such a way as to afford to
				  any interested person a reasonable opportunity to be heard on matters relevant
				  to the issues involved and so as to obtain a clear and orderly record. The
				  presiding officer shall have authority to take all actions necessary for the
				  orderly conduct of the hearing.
(b)
				  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.
				  Testimony shall then be received with respect to the matters specified in the
				  notice of hearing in such order as the presiding officer shall
				  prescribe.
(c) All interested
				  persons shall be given reasonable opportunity to offer testimony with respect
				  to the matters specified in the notice of hearing. Every witness shall, before
				  proceeding to testify, state the witness's name, address, and whom the witness
				  represents at the hearing, and shall give such other information respecting the
				  witness's appearance as the presiding officer may request. The presiding
				  officer shall confine the testimony to the questions before the hearing. Every
				  witness shall be subject to questioning by the presiding officer, but
				  cross-examination by private persons shall not be permitted unless the
				  presiding officer expressly permits it.
(d) All interested persons or agencies of the
				  State or counties of the State will be afforded an opportunity to submit during
				  the hearing data, views, or arguments that are relevant to the issues. In
				  addition, or in lieu thereof, persons or agencies may also file with the
				  department within five calendar days following the close of the hearing a
				  written protest, other comments, or recommendations in support of or in
				  opposition to the proposed rulemaking. Written protest, comments, or
				  recommendations or replies thereto will not be accepted unless an original and
				  two copies are filed. The period for filing a written protest, comments, or
				  recommendations may be extended by the presiding officer for good
				  cause.
(e) Unless otherwise
				  specifically ordered by the presiding officer, testimony given at a rulemaking
				  hearing need not be reported verbatim. All supporting written statements, maps,
				  charts, tabulations, or similar data offered in evidence to the hearing, and
				  which are deemed by the presiding officer to be authentic and relevant, shall
				  be received and made a part of the record. Unless the presiding officer finds
				  that the furnishing of copies is impracticable, two copies of the exhibits
				  shall be submitted.
(f) A
				  rulemaking hearing shall be held at the time and place set in the notice of
				  hearing, but the hearing may be continued by the presiding officer from day to
				  day or adjourned to a later date or to a different place without notice other
				  than the announcement of the continuation or adjournment during or at the end
				  of the hearing held at the scheduled time and place.