Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 1 - General Departmental Provisions and Programs
Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE
Subchapter 4 - PROCEDURES FOR RULEMAKING
Section 5-1-63 - Conduct of hearing

(a) Each rulemaking hearing shall be presided over by the director or the director's representative. The hearing shall be conducted in such a way as to afford to any interested person a reasonable opportunity to be heard on matters relevant to the issues involved and so as to obtain a clear and orderly record. The presiding officer shall have authority to take all actions necessary for the orderly conduct of the hearing.

(b) 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 such order as the presiding officer shall prescribe.

(c) All interested persons shall be given reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing. Every witness shall, before proceeding to testify, state the witness's name, address, and whom the witness represents at the hearing, and shall give such other information respecting the witness's appearance as the presiding officer may request. The presiding officer shall confine the testimony to the questions before the hearing. Every witness shall be subject to questioning by the presiding officer, but cross-examination by private persons shall not be permitted unless the presiding officer expressly permits it.

(d) All interested persons or agencies of the State or counties of the State will be afforded an opportunity to submit during the hearing data, views, or arguments that are relevant to the issues. In addition, or in lieu thereof, persons or agencies may also file with the department within five calendar days following the close of the hearing a written protest, other comments, or recommendations in support of or in opposition to the proposed rulemaking. Written protest, comments, or recommendations or replies thereto will not be accepted unless an original and two copies are filed. The period for filing a written protest, comments, or recommendations may be extended by the presiding officer for good cause.

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

(f) A rulemaking hearing shall be held at the time and place set in the notice of hearing, but the hearing may be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement of the continuation or adjournment during or at the end of the hearing held at the scheduled time and place.