Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES
Subchapter 3 - HEARING OF APPEAL
Section 12-22-43 - Hearing

(a) Any hearing under this subchapter shall be held in accordance with chapter 91, HRS.

(b) The hearing on appeal shall be held within sixty days of the notice of appeal.

(c) All parties shall be given written notice of hearing at least fifteen days before the hearing.

(d) The parties shall be present at the hearing, and shall be allowed to call, examine, and cross-examine witnesses, and introduce papers, documents, or other evidence, in person or by counsel.

(e) At the discretion of the hearings officer, any other person may be allowed to participate, in person or by counsel, for the purposes and to the extent that the hearings officer shall determine.

(f) Witnesses at the hearing shall be examined orally, under oath or affirmation, and a record of the proceedings shall be made by the hearings officer. The hearings officer or a person designated by the hearings officer may administer oaths or affirmations at the hearing.

(g) The hearings officer may continue a hearing from day to day or adjourn it to a later day or to a different place by announcement thereof at the hearing or by appropriate notice to all parties. The hearings officer may also continue a hearing upon request of any party. At the discretion of the hearings officer, a hearing may be reopened.

(h) If the employer or employer's representative is absent without notice, the hearings officer shall base the decision on the available evidence.