Hawaii Administrative Rules
Section 21-5-7 - Contested hearings; procedures

Universal Citation: HI Admin Rules 21-5-7

Current through June, 2022

(a) The commission may conduct the hearing or, in its discretion, may delegate the conduct of the contested hearing to a hearing officer, in which case the commission shall select such hearing officer.

(b) The presiding officer shall convene and conduct the hearing.

(c) Before presentation of the case, the parties shall have the opportunity to make opening statements, provided that the presiding officer may order that opening statements be made in writing rather than orally at the hearing. Reasonable time limits may be imposed by the presiding officer for the opening statements. The usual order of making opening statements shall be as follows:

(1) Opening statement by the executive director or complainant; and

(2) Opening statement by the respondent. The respondent may reserve the opportunity to make the opening statement until after the executive director or complainant has presented its case. Opening statements may be waived by a party.

(d) Witnesses shall be examined as follows:

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

(2) Cross examination by the other party, limited to the issues raised on direct examination;

(3) Redirect examination by the party calling the witness, limited to the issues raised on cross examination;

(4) Recross examination by the other party, limited to the issues raised on redirect examination; and

(5) Examination of the witness by the commission or hearing officer at any time.

(e) After all the evidence has been presented, the presiding officer shall give the parties the opportunity to summarize. The usual order of final arguments shall be as follows:

(1) Final argument by the executive director or complainant;

(2) Final argument by the respondent; and

(3) Rebuttal argument by the executive director or complainant. Rebuttal arguments shall be limited to countering whatever may be. said by the other party during that party's final argument.

Reasonable lime limits may be imposed by the presiding officer for the final arguments. Final arguments may be waived by either party, The presiding officer may order that final arguments be made in writing rather than orally at the hearing.

(f) The presiding officer shall have the power to give notice of the hearing, administer oaths, compel attendance of witnesses and the production of documentary evidence, examine witnesses, certify to official acts, issue subpoenas, rule on offers of proof, receive relevant evidence, hold conferences before and during hearings, rule on objections or motions, fix limes for submitting documents and briefs, ensure the orderly conduct of any proceeding, and dispose of other matters that normally and properly arise in the course of a hearing authorized by law that are necessary for the orderly and just conduct of a hearing.

(g) To avoid unnecessary or repetitive evidence, the presiding officer may limit the number of witnesses, the extent of direct examination, cross examination, redirect examination, or recross examination, or the time for testimony upon a particular issue.

(h) Any procedure in a contested case may be modified or waived by stipulation of the parties.

(i) Within a reasonable lime after final arguments have been completed and all requested memoranda submitted, including the proposed findings of fact, proposed conclusions of law, and recommended order of the hearing officer, if applicable, the commission shall render an order, decision, or ruling.

(j) Within ten days after entry of an order, decision, or ruling, the commission may entertain a written petition to reconsider or rehear its final order, decision, or ruling. The petition shall be granted or denied with reasonable expedition. Denial of such petition shall be in writing.

[Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §$84-31(a)(5), 97-6(a)(5)) (Imp: HRS §§ 84-31, 91-9, 91-10, 92-16, 97-6)

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