Haw. Code R. § 19-42-57

Current through November, 2024

Section 19-42-57 - Administrative hearing

The procedures under this section shall be used for any administrative hearing conducted by the harbors division as required by law.

An administrative hearing officer shall be appointed by the director. Upon setting the time for the hearing, the administrative hearing officer shall transmit a notice to the last known address of the owner or their representative, if any, containing the following:

(1) The date, time, place and nature of hearing;

(2) The legal authority under which the hearing is to be held;

(3) The fact that any party may retain counsel if the party so desires and the fact that an individual may appear on the individual's own behalf, or a member of a partnership may represent the partnership, or an authorized officer or authorized employee of a corporation or trust or association may represent the corporation, trust or association.

All parties shall be afforded an opportunity to present evidence and argue on all relevant issues involved.

Any procedure in the administrative hearing may be modified or waived by stipulation of the parties and disposition may be made of any administrative hearing by stipulation, agreed settlement, consent order, or default.

Appeals from the decision may be made in accordance with chapter 91, Hawaii Revised Statutes.

Haw. Code R. § 19-42-57

[Eff 5/20/82; am and comp 2/26/96] (Auth: HRS §§ 266-2, 266- 3, 266-27) (Imp: HRS §§ 266-2, 266-3)