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 54 - ADOPTION, AMENDMENTS, OR REPEAL OF RULES AND STANDARDS
Section 12-54-5 - Nature of hearings

Universal Citation: HI Admin Rules 12-54-5

Current through August, 2024

(a) The public hearing shall be legislative in type. The director or a duly authorized representative shall preside over the hearing.

(b) The hearing shall be conducted in such a way as to afford interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and so as to obtain a clear and orderly record.

(c)The presiding officer shall have all the powers necessary and appropriate to conduct a fair and full hearing, including the powers:

(1) To regulate the course of the hearing;

(2) To dispose of procedural requests, obligations, and comparable matters;

(3) To confine the presentations to the issues specified in the notice of hearing, or, where no issues are specified, to matters pertinent to the proposed rule;

(4) To regulate the conduct of those present at the hearing by appropriate means;

(5) To take official notice of material facts not appearing in the record, so long as parties are entitled, on timely request, to an opportunity to show the contrary;

(6) In the presiding officer's discretion, to keep the record open for a reasonable stated time to receive written recommendations, supporting reasons, additional data, views, and arguments from any person who has participated in the hearing; and

(7) The presiding officer shall have authority to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing.

(d) Each hearing shall be held at the time and place set in the notice of hearing, but at such time and place the hearing may be continued by the presiding officer to a later time or date or to a different place without notice other than an announcement at the hearing.

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