Hawaii Administrative Rules
Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD
Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES
Section 14-23.1-3 - Conduct of hearing

(a) The public hearing for the adoption, amendment, or repeal of rules shall be heard before the board and presided over by the chairperson of the board or, in the chairperson's absence, by another member designated by the board. The hearing shall be conducted in a way as to afford interested persons and agencies a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing and so as to obtain a clear and orderly record. 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.

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

(c) At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of hearing in the order the presiding officer shall prescribe.

(d) All witnesses shall, before proceeding to testify, state their name, address, and whom they represent at the hearing, and shall give information respecting their appearances as the presiding officer may request. The presiding officer shall confine the testimony to the matters for which the hearing has been called but shall not apply the technical rules of evidence. Every witness shall be subject to questioning by the members of the board or by any other representative of the board; cross-examination by persons or agencies shall be permitted.

(e) All interested persons or agencies will be afforded an opportunity to submit data, views, or arguments, orally or in writing, that are relevant to the matters specified in the notice of hearing. The period for filing written comments or recommendations may be extended beyond the hearing date by the presiding officer for good cause. An original and four copies are requested when submitting written comments, recommendations, or replies.

(f) Unless otherwise specifically ordered by the board, testimony given at the public hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made a part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, five copies of the exhibits shall be submitted.