Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 13-1-24 - Conduct of rulemaking hearing

Current through June, 2024
(a) Each hearing
				  shall be presided over by the chairperson of the board 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 the proposed
				  rulemaking. The presiding officer shall have authority to administer oaths or
				  affirmations, if appropriate, 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. Testimony 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 testimony
				  which may consist of data, views, or arguments with respect to the matters
				  specified in the notice of hearing. Every person testifying may, when
				  appropriate and at the discretion of the presiding officer 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. It is not necessary that persons testifying be sworn, but the
				  presiding officer may, if he or she deems it to be necessary, place persons
				  testifying under oath. The presiding officer shall confine the testimony to the
				  proposed rulemaking. Every person testifying shall be subject to questioning by
				  the presiding officer or by any other representative of the board.
(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, interested persons or agencies may also file with the board
				  within ten calendar 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 protests, comments, or
				  recommendations. Written protests, comments or recommendations or replies
				  thereto shall not be accepted unless an original and one copy are filed. The
				  period for filing written protests, comments, or recommendations may be
				  extended by the presiding officer for good cause.
(e) 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, maps, charts,
				  tabulations, or similar data offered at the hearing, and which are deemed by
				  the presiding officer to be relevant, shall be received 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.
(f) At
				  the close of the final public hearing, the board shall announce the date when
				  its decision shall be announced, or the board may, if it so desires, make the
				  decision at the public hearing. The board shall consider all relevant comments
				  and materials of record before taking final action in a rulemaking
				  proceeding.