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(1) The request shall state the nature and circumstances of the prosecution or suit and whether or not the officer wishes the Commission's consideration of the request to be made in open or closed session. (2) The Commission shall notify the officer and the chief of police of the date, time, and place of the meeting at which the officer's request will be considered. The officer and the chief of police may attend and give further information. (3) The Commission may assign a non -police -investigator to verify all facts and circumstances of the case. (4) If the Commission determines that the officer acted in the performance of duty, it will submit its determination to the corporation counsel for further action. RULE 19. CONTESTED CASE PROCEDURE This contested case procedure is adopted only for matters relating to the granting or denial of representation by legal counsel for police officers pursuant to Chapter 52D, Hawaii Revised Statutes. Any party may request a contested case hearing in accordance with these rules. (a) PRESIDING OFFICER. (1) Person Presiding - In all hearings before the Commission, the chair of the Commission, or one of its members, or a hearing officer duly appointed and designated by the Commission, shall preside at the hearing. (2) Powers - The presiding officer controls the course of hearings, administers oaths, receives and rules on questions of evidence, holds appropriate conferences before or during hearings, rules upon all objections or motions which do not involve a final determination of the proceeding, receives offers of proof, fixes the time for the filing of briefs, disposes of any other matter that normally and properly arises in the course of a hearing, and takes all other actions authorized by law that are deemed necessary for the orderly and just conduct of a hearing. (3) Continuance - The presiding officer may, in the presiding officer's discretion, postpone or continue any hearing. (b) NOTICE OF HEARING. Unless otherwise provided by law, the notice of hearing will be served on all parties and persons on the mailing list for this purpose at their last recorded addresses within a reasonable time after the hearing date has been set. The notice shall be published in a newspaper of general circulation in the county at least thirty days prior to the hearing and shall also be filed at least six calendar days prior to the hearing with the office of the county clerk. Page II