Haw. Code R. § 19-170-32

Current through November, 2024
Section 19-170-32 - Hearing procedures
(a) The public hearing before the development corporation shall be presided over by the chairperson, or, in the chairperson's absence, by another board member or hearing officer designated by the board. A quorum of the board shall not be required in the conduct of a hearing. Interested individuals and agencies shall have a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing. A clear and orderly record shall be obtained. The presiding officer shall be authorized to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing.
(b) Each hearing shall be held at the time and place set in the notice of hearing but may at such time and place 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 at the hearing.
(c) At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of hearing in the order the presiding officer prescribes.
(d) To avoid unnecessary cumulative evidence, the presiding officer may limit the number of witnesses or the time for testimony upon a particular issue.
(e) The presiding officer shall have any person who willfully disrupts a hearing to prevent or compromise the conduct of the hearing removed from the hearing room.
(f) Before proceeding to testify, witnesses shall state their name, address, and whom they represent at the hearing, and shall give any information respecting their appearance as the presiding officer may request. The presiding officer shall confine the testimony to the matters for which the hearing has been called but shall not apply the technical rules of evidence. Witnesses shall be subject to questioning by the members of the board or by any other representative of the board.
(g) All interested persons or agencies shall be afforded an opportunity to submit data, views, or arguments orally or in writing that are relevant to the matters specified in the notice of hearing. The period for filing written comments or recommendations may be extended beyond the hearing date by the presiding officer for good cause. An original and seven copies shall be required when submitting written comments, recommendations, or replies.
(h) Unless otherwise specifically ordered by the board, testimony given at the public hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made a part of the record. Unless the presiding officer finds that furnishing copies is impracticable, eight copies of the exhibits shall be submitted.

Haw. Code R. § 19-170-32

[Eff WAY 5 2013] (Auth: HRS §§ 91-2, 91-6) (Imp: HRS §§ 91-3, 91-6)