Section 11-201-28 - Appeal Hearings; GenerallyA. An appeal shall be conducted as a contested case under chapter 91, Hawaii Revised Statutes. The council, upon receipt of an appeal, shall order the matter set for hearing. A notice of hearing shall be served at least fifteen days before the hearing upon the appellant and the respondent agency.B. Appeals shall be heard before the council or a hearing officer duly appointed by the council. A hearing officer shall be appointed at least fifteen days prior to the hearing and notice shall be given to all parties at that time.C. When a proceeding is conducted before the council itself, the proceeding shall be presided over by the chairperson of the council or, in the chairperson's absence, by another member designated by the council.D. The presiding officer at a proceeding shall have authority to: 1. Control the course of the hearing;2. Hold conferences open to the public on which they have had notice, for the settlement or simplification of issues;3. Administer oaths and affirmations;4. Grant application for and issue subpoenas;5. Take or cause deposition to be taken;6. Rule upon offers of proof and receive relevant evidence;7. Limit lines of questioning or testimony that are irrelevant, immaterial, or repetitious;8. Rule upon all objections, procedural requests, and motions that do not involve final determination of proceedings;9. Dispose of any other matter that normally and properly arises in the course of the proceeding; and10. Take all other actions authorized by chapter 343, Hawaii Revised Statutes, rules, or by any other statute, that are deemed necessary to the orderly and just conduct of the hearing.E. The hearing officer shall have the powers as are accorded to the presiding officer in the hearing of an appeal as provided in subsection (d). In the event that the hearing officer is absent or unable to act, the powers and duties to be performed under this chapter in connection with the proceeding, without abatement of the proceeding unless otherwise ordered by the council, may be assigned to another hearing officer duly appointed by the chairperson.F. No hearing officer or council member shall be assigned to serve in any proceeding who: 1. Has any pecuniary interest in any matter or business involved in the proceeding;2. Is related within the first degree by blood or marriage to any party to the proceeding; or3. Has participated in an investigation preceding the institution of the proceeding or in a determination that it should be instituted or in the development of the evidence to be introduced therein. However, if a council member has participated in making a recommendation to an agency under section 343-5(c), Hawaii Revised Statutes, this shall not disqualify that council member.G. Each hearing shall be held on the island where the dispute has arisen. Hearings shall be held, on the first day, at the time and place set forth in the notice of hearing, but may at that time and place be continued from day to day or adjourned to a later day or to a different place without notice other than the announcement thereof by the presiding officer or hearing officer at the hearing.H. Hearings shall be open to the public.I. The record of the hearing shall be compiled in conformance with section 91-9(e), Hawaii Revised Statutes. The council shall make provisions for stenographic record of the testimony, but it shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review. Any person desiring a copy of the record of a hearing or any part thereof shall be entitled to the same upon written application to the council and upon payment of reasonable costs thereof.[Eff 12/6/85] (Auth: HRS §§ 91-2, 343-6) (Imp: HRS §§ 91-9, 91-9.5, 343-5, 343-6)