2022.03.01 Rules of Practice and Procedure of the Department of Environmental Management

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prescribed in the Hawai'i County Code have been paid. All the notices shall be published at least thirty (30) days prior to the date set for the public hearing. (b) Form of Notice. A notice of the proposed adoption, amendment, or repeal of a rule shall include: (1) A statement of the topic of the proposed rule adoption, amendment, or repeal or a general description of the subjects involved; (2) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made; (3) A statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed in person; and (4) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal. 3-3. Conduct of Hearin. (a) Presiding Officer. The public hearing for the adoption, amendment, or repeal of any rule shall be heard before the Director. The hearing shall afford to interested persons and agencies a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing, to obtain a clear, orderly record, and shall be held at an accessible location. The Director shall have authority to administer oaths or affirmations and to take all other actions necessary for the orderly conduct of the hearing. (b) Order of Proceeding. At the commencement of the hearing, the Director shall read the notice of hearing and shall then outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of hearing in such order as the Director shall prescribe. (c) Submission and Testimony. Each witness shall, before proceeding to testify, state the witness' name, address and whom the witness represents at the hearing, and shall give such information respecting the witness' appearances as the Director may request. The Director shall confine the testimony to the matters for which the hearing has been called and shall not apply the technical rules of evidence. Every witness shall be subject to questioning by the Director. 4