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 12-44-54 - conduct of hearing

Universal Citation: HI Admin Rules 12-44-54

Current through August, 2024

(a) The presiding officer shall convene the hearing and summarize the statement of appeal.

(b) Before presenting the case, the appellant shall have the opportunity to make an opening statement. The deputy attorney general assigned to the council shall also have the opportunity to make an opening statement then or after the appellant has presented the appellant's case. Opening statements may be waived by either party.

(c) Witnesses shall testify in the following, order:

(1) Witnesses for the appellant;

(2) Witnesses called by the deputy attorney general;

(3) Witnesses for the appellant in, rebuttal;

(4) Witnesses called by the deputy attorney general in rebuttal;

(5) Additional witnesses as the presiding officer may deem necessary.

(d) Each witness shall be examined in the following order:

(1) Direct examination by the party calling the witnesses ;

(2) Cross examination by the other party;

(3) Redirect examination by the party calling the witness;

(4) Recross examination by the other party;

(5) Examination by the presiding officer or any member of the council.

(e) After the presentation of evidence is concluded, unless the appeal is submitted by either party or both parties without argument, the appellant shall make a closing argument followed by argument by the deputy attorney general. The appellant may then, present rebuttal argument which shall be limited to countering any matter or argument presented by the deputy attorney general.

Reasonable time limits may be imposed by the presiding officer for argument. Argument may be waived by either party.

(f) The presiding officer, within such time limits as the presiding officer may impose, may permit the parties to submit written memoranda in support of their respective positions and proposed findings of fact.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.