Section 11-271-104 - Powers and duties of the hearing officer(a) The director delegates authority under HRS chapters 342J and 26 and HRS section 92-16 to the hearing officer to perform the functions assigned to him or her in the rules of this subchapter. Except as provided in subsection (b) of this section, an appeal or motion under this subchapter directed to the director, rather than to the hearing officer, will not be considered. The hearing officer shall conduct a fair and impartial proceeding, assure that the facts are fully elicited, adjudicate all issues, and avoid delay. The hearing officer shall have authority to: (1) Conduct administrative hearings under the rules of this subchapter;(2) Rule upon motions, requests, and offers of proof, dispose of procedural requests, and issue all necessary orders;(3) Administer oaths and take affidavits;(4) Examine witnesses and receive documentary or other evidence;(5) For good cause, upon motion or sua sponte, order a party, or an officer or agent thereof, to produce testimony, documents, or other nonprivileged evidence, and failing the production thereof without good cause being shown, draw adverse inferences against that party;(6) Admit or exclude evidence;(7) Hear and decide questions of facts, law, or discretion;(8) Require parties to attend conferences for the settlement or simplification of the issues, or the expedition of the proceedings;(9) Issue subpoenas authorized by State law; and(10) Do all other acts and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by the rules in this subchapter.(b) Disqualification; withdrawal. The hearing officer may not perform functions provided for in the rules in this subchapter regarding any matter in which he (i) has a financial interest or (ii) has any relationship with a party or with the subject matter which would make it inappropriate for him to act. Any party may at any time request that the hearing officer disqualify himself or herself from the proceeding or by motion made to the director request that the hearing officer be disqualified from the proceeding. The hearing officer may at any time withdraw from any proceeding in which he deems himself disqualified or unable to act for any reason.Haw. Code R. § 11-271-104
[Eff 6/18/94; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §22.04)