2024-10-28 DPW Response to Appellants Subpoenas

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is subject to FIRS "Chapter 91. Administrative Procedure" which governs contested cases, and the BOA's Rules of Practice and Procedures. Chapter 91 provides the general framework for agencies such as the BOA that are authorized by law to adjudicate contested cases: 1. Mediation is encouraged and no"mediation statements or settlement offers shall be admitted into any subsequent proceedings involving the case, including the contested hearing of a court proceeding." FIRS § 91-8.5(a), (d). 2. "Opportunities shall be afforded all parties to present evidence and argument on all issues involved . . ." FIRS § 91-9(d). 3. "Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default." FIRS 91-9(e). 4. "No matters outside the record shall be considered by the [BOA] in making its decision except as provided herein." FIRS § 91-9(h). 5. "[Except for mediation statements or settlement offers under FIRS § 91-8.5], any oral or documentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence. The agencies shall give effect to the rules of privilege recognized by law[.]" HRS § 91-10(1). 6. "Every party shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts, and shall have the right to submit rebuttal evidence[.]" HRS § 91-10(3). 7. "Except as otherwise provided by law, the party initiating the proceeding shall have the burden of proof, including the burden of producing evidence as well as the burden of persuasion. The degree or quantum of proof shall be a preponderance of the evidence." HRS § 91-10(5). 8. "No official of an agency who renders a decision in a contested case shall consult any person on any issue of fact except upon notice and opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters." FIRS § 91-13. Chapter 91 also requires that each"county board" that is "authorized by law . . . to adjudicated contested cases" "shall . . . [a]dopt rules of practice, setting forth the nature and requirements of 4