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Hawaii Regulations § 3-161-40 Procedure at hearing

⤴ Up to Subchapter 2: Hearing Relief

Regulation Text

Unless otherwise stipulated by the parties, which stipulation is approved by the commission or the hearings officer, all hearings shall proceed as follows:
(1) The parties shall have the opportunity to make opening statements before any evidence is presented, unless they waive the opportunity. The opening statement shall be heard in the following order:
(A) Petitioner's opening statement; and
(B) Respondent's opening statement, unless respondent chooses to reserve same until after presentation of petitioner's evidence;
(2) The petitioner's evidence shall be presented first, and shall be followed by the presentation of evidence in support of respondent's case;
(3) After presentation of the evidence in support of their respective cases, the parties shall have the opportunity to introduce rebuttal evidence. Rebuttal evidence shall be introduced in the same order as was followed with respect to the introduction of evidence in support of their respective cases;
(4) Each witness shall be examined first by the party calling the witness, before cross-examination by the opposing party;
(5) After all evidence, including rebuttal evidence, has been presented, the parties shall have the opportunity to make final argument. Final argument shall proceed as follows:
(A) Petitioner's final argument;
(B) Respondent's final argument; and
(C) Petitioner's final argument in rebuttal which shall be limited to countering matters raised in respondent's final argument; and
(6) The hearing shall be deemed closed after completion of all final arguments or upon filing of all permitted memoranda and other post hearing submissions or upon the expiration of the time allowed for filing submissions, unless the time is extended, or upon the completion of taking further evidence pursuant to section 3-161-42 , whichever is later.

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-9 , 91-9.5 , 91-10 , 91-11 , 91-12 , 91-13 , 11-193, 11-216, 11-228, 11-229)

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

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