Haw. Code R. § 6-23-30

Current through April, 2024
Section 6-23-30 - Jurisdiction; powers and duties of presiding officer
(a) The hearing officer appointed by the system shall preside over contested case hearings governed by this subchapter. The chairperson of the board or other member of the board designated by the chairperson shall preside over hearings of arguments on exceptions under section 6-23-51. The board or the hearing officer shall have jurisdiction over those matters expressly authorized by this subchapter, respectively.
(b) With respect to contested case hearings governed by this subchapter, the hearing officer as presiding officer shall have the following powers and duties;
(1) Continue or postpone, at the request of a party, any hearing;
(2) Regulate the course and conduct of the hearing;
(3) Administer oaths and take affidavits;
(4) Examine witnesses and admit or exclude documentary or other evidence;
(5) Issue and dispose of subpoenas;
(6) Hold conferences, before or during the hearing, for the simplification of issues;
(7) Rule on motions, requests, offers of proof, procedural requests, and similar matters;
(8) Hear and decide questions of fact, law, or discretion; and
(9) Do all other acts and take all measures necessary, as authorized by chapter 88, HRS, for the maintenance of order and for the efficient, fair, and impartial adjudication of issues arising in proceedings governed by this subchapter.
(c) With respect to hearings of arguments on exceptions, the chairperson of the board or other member of the board designated as presiding officer shall have the following powers and duties:
(1) To determine the time and place of the hearing of arguments on exceptions and, in the presiding officer's discretion or at the request of a party, to continue or postpone any hearing;
(2) To regulate the course and conduct of the hearing;
(3) To take any other action authorized by this subchapter or by law that the presiding officer may deem necessary for the orderly and just conduct of the hearing.

Haw. Code R. § 6-23-30

[Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 91-2, 91-9, 91-10, 92-16)
Am and comp 4/11/2022