Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES
Section 12-24-13 - Hearings

(a) All hearings required by this chapter shall be held in accordance with chapter 91, Hawaii Revised Statutes, and the rules of this department.

(b) The complainant shall be present at the hearing, with or without counsel. The complainant shall be allowed to call, examine, and cross-examine witnesses, and introduce papers, documents, or other evidence, in person or by counsel.

(c) The respondent or a representative shall be present at the hearing, with or without counsel, and shall be allowed, in person or by counsel, to call, examine, and cross-examine witnesses and introduce papers, documents, or other evidence.

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

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

(f) The hearing 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 hearing officer may also continue a hearing upon request of any party. At the discretion of the hearing officer, a hearing may be reopened.

(g) The absence without notice of either the complainant or the respondent at the hearing shall be considered a default as to that party. If the complainant is absent, the complaint shall be promptly dismissed. If the respondent or respondent's representative is absent, the hearing officer shall base the decision on the evidence presented by the complainant at the hearing.