Section 17-2021-20 - Procedures governing the hearing(a) The hearing shall be held before a hearing officer.(b) The complainant shall be afforded a fair hearing providing the basic safeguards of due process which shall include: (1) The opportunity to examine before the hearing and, at the expense of the complainant, to copy all documents, records, and rules of the authority that are relevant to the hearing. Any document not made available after request with reasonable notice by the complainant may not be relied on by the authority at the hearing;(2) The right to be represented by counsel or other person chosen as the complainant's representative;(3) The right to a private hearing unless the complainant requests a public hearing;(4) The right to present evidence and arguments in support of the complaint, to controvert evidence relied on by project management, and to confront and cross-examine all witnesses on whose testimony or Information the project management relies; and(5) A decision based solely and exclusively upon the facts presented at the hearing.(c) The hearing officer may render a decision without proceeding with the hearing if the hearing officer determines that the issue has been previously decided in another proceeding.(d) If the complainant or the authority fails to appear at the hearing, the hearing officer may make a determination to postpone the hearing for a period not to exceed five business days or may make a determination that the party has waived the party's right to a hearing. Both the complainant and the authority shall be notified of the determination by the hearing officer, provided that a determination that the complainant has waived the complainant's right to a hearing shall not constitute a waiver of any right the complainant may have to contest the authority's disposition of the grievance in an appropriate judicial proceeding.(e) The complainant must first show that the complainant is entitled to the relief sought and thereafter the authority must sustain the burden of justifying the authority's action or failure to act against which the complaint is directed.(f) The hearing shall be conducted informally by the hearing officer and oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer shall require the authority, the complainant, counsel, and other participants or spectators to conduct themselves in orderly fashion. Failure to comply with the directions of the hearing officer to obtain order may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and granting or denial of the relief sought, as appropriate.(g) The complainant or the authority may arrange, in advance and at the expense of the party making the arrangement, for a transcript of the hearing. Any interested party may purchase a copy of the transcript. Haw. Code R. § 17-2021-20
[Eff 8/5/05; am and comp JUN 14 2012] (Auth: 24 CFR §966.52; HRS § 356D-4) (Imp: 24 CFR §966.56; HRS § 356D-4)