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Hawaii Regulations § 3-161-15 Powers of the commission or hearings officer in conducting hearing

⤴ Up to Subchapter 1: General Provisions

Regulation Text

To the extent authorized by law, the commission or hearings officer shall have the powers, in conducting a hearing, without limitation to:
(1) Hold hearings and issue notices;
(2) Administer oaths and affirmations;
(3) Consolidate hearings or sever proceedings, provided that those actions shall be conducive to effectuating the ends of justice and shall not unduly delay the proceedings or hinder, harass, or prejudice any party;
(4) Subpoena and examine witnesses;
(5) Issue subpoenas;
(6) Rule upon offers of proof, to receive relevant evidence, and to exclude evidence which is irrelevant, immaterial, repetitious, cumulative, or merely scandalous and accordingly may restrict lines of questioning or testimony;
(7) Regulate the course and conduct of the hearing;
(8) Regulate the manner of any examination so as to prevent the needless and unreasonable harassment, intimidation, or embarrassment of any witness or party at the hearing;
(9) Remove disruptive individuals, including any party, legal counsel, witness, or observer;
(10) Hold conferences, including prehearing conferences, before or during the hearing, for the settlement or simplification of issues;
(11) Rule on motions and to dispose of procedural matters;
(12) Submit in writing any report or recommended decision together with the findings of fact
and conclusions of law and a recommended order for the commission's consideration and final disposition;
(13) Dispose of any other matter that normally and properly arises in the course of the proceedings and to take any action authorized by this chapter, chapter 91 , Hawaii Revised Statutes, or any other related laws; and
(14) Examine, after notice to all parties, any site or tangible evidence relevant to the case.

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-3 , 91-8 , 91-9 , 92-16 , 11- 193, 11-216, 11-225, 11-228, 11-229)

[ Am and Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS §§ 11-314 (7) , 11-401 , 11-407 , 11-408 , 11-409 , 11-410 )

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