Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES
Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL
Section 12-44-52 - Presiding officer; powers and duties
Universal Citation: HI Admin Rules 12-44-52
Current through August, 2024
(a) The chairperson, or any other member of the council designated by the chairperson, or a hearing officer designated by the council shall preside at all hearings on appeals governed by this subchapter.
(b) When the presiding officer is a hearing officer, the hearing officer shall have the following powers and duties:
(1) Determine the time and place of hearing
and, in the hearing officer's discretion or at the request of a party, continue
or postpone any hearing;
(2)
Regulate the course and conduct of the hearing;
(3) Administer oaths and
affirmations;
(4) Examine
witnesses;
(5) Issue
subpoenas;
(6) Rule on offers of
proof and receive evidence;
(7)
Hold conferences, before or during the hearing, for the settlement or
simplification of issues;
(8) Rule
on motions and dispose of procedural requests or similar matters;
(9) Recommend a decision to the
council;
(10) Dispose of any matter
that normally and properly arises before or in the course of the hearing;
and
(11) Take any other action
authorized by this subchapter or by law that the hearing officer may deem
necessary for the orderly and just conduct of the hearing.
(c) When the appeal is heard by the council, the presiding officer shall have all of the powers and duties in subsection (b) except recommending a decision.
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