Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 53 - RULES OF PRACTICE FOR VARIANCE
Subchapter 3 - HEARINGS
Section 12-53-14 - Hearing examiners; powers and duties

Universal Citation: HI Admin Rules 12-53-14

Current through August, 2024

(a) A hearing examiner designated to preside over a hearing shall have all powers necessary or appropriate to conduct a fair, full, and impartial hearing, including the powers to:

(1) Administer oaths and affirmations;

(2) Rule upon offers of proof and receives relevant evidence;

(3) Provide for discovery and to determine its scope;

(4) Regulate the course of the hearing and the conduct of the parties and their counsel;

(5) Consider and rule upon procedural requests;

(6) Hold conferences for the settlement or simplification of the issues by consent of the parties;

(7) Make or to cause to be made, an inspection of the employment or place of employment involved;

(8) Make decisions in accordance with this chapter and chapters 91 and 396, HRS; and

(9) Take any other appropriate action authorized by chapters 91 and 396, HRS.

(b) Except to the extent required for the disposition of ex parte matters, a hearing examiner may not consult a person or a party on any fact at issue, unless upon notice and opportunity for all parties to participate.

(c) When a hearing examiner disqualifies himself or herself to preside over a particular hearing, the hearing examiner shall withdraw by notice on the record to the director.

(d) Any party who believes a hearing examiner should be disqualified to preside, or to continue to preside, over a particular hearing, may file with the director a motion to disqualify and remove the hearing examiner. A motion for disqualification shall be supported by affidavits setting forth the alleged grounds for disqualification. The director shall rule upon the motion.

(e) Unruly or obstinate conduct at any hearing shall be ground for exclusion from the hearing.

(f) If a witness or a party refuses to answer a question after being directed to do so, or refuses to obey an order to provide or permit discovery, the hearing examiner may make orders with regard to the refusal as are just and appropriate, including an order denying the application of an applicant or regulating the contents of the record of the hearing.

(g) On any procedural question not regulated by this chapter or chapters 91 and 396, HRS, a hearing examiner shall be guided to the extent practicable by any pertinent provision of the Hawaii Rules of Civil Procedure.

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