Rules of Practice and Procedure 04-25-13

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(1) Form; Size. Exhibits shall be legible and may be prepared on paper not exceeding 8-1/2" x 11" in size or bound or folded to the respective approximate size,where practical. Wherever practicable, sheets of each exhibit shall be numbered and data and other figures shall be set forth in tabular form. (2) Copies. When exhibits are offered in evidence,the original and ten copies shall be furnished to the presiding officer with a copy to each party to the proceeding other than the Commission, unless such copies have been previously furnished, or the presiding officer directs otherwise. (h) Commission Records. If any matter contained in a document on file as a public record with the Commission is offered in evidence, unless directed otherwise by the presiding officer, such document need not be produced as an exhibit, but may be received in evidence by reference, provided that the particular portions of such document are specifically identified and otherwise competent, relevant, and material. If testimony in any proceeding, other than the one being heard, is offered in evidence, a copy of the testimony shall be presented as an exhibit,unless otherwise ordered by the presiding officer. In appeals from decisions made under the Refuse or Sewer chapters of the Code,the entire record or file from the Director shall be part of the record on appeal and shall be reviewed by the Commission in the appeal. (i) Official Notice of Facts. Official notice may be taken of such matters as may be judicially noticed by the courts of the State of Hawai'i. Official notice may also be taken of generally recognized technical or scientific facts within the Commission's specialized knowledge when parties are given notice either before or during the hearing of the material so noticed and afforded the opportunity to contest the facts so noticed. (j) Additional Evidence. At the hearing,the presiding officer may require the production of further evidence upon any issue. Upon agreement of the parties,the presiding officer may authorize the filing of specific documentary evidence as a part of the record within a fixed time after submission, reserving an exhibit number therefor. 3-15 Briefs. The presiding officer may fix the time for the filing of briefs. Exhibits may be reproduced in an appendix to a brief. A brief of more than twenty pages shall contain a subject index and table of authorities. Requests for extension of time to file briefs must be made to the Commission in writing, and a copy thereof served upon or mailed to the other parties to the proceeding. Ordinarily,when a matter is to be submitted on concurrent briefs, extensions will not be granted unless a stipulation is filed with the Commission. 3-15 Oral Arguments. The Commission or the presiding officer may direct or permit the presentation of oral argument with appellant or applicant opening and concluding the argument. Not more than one hour on each side of the proceeding will be allowed for argument without special leave of the Commission. If more than one party is participating on a side of the proceeding,the parties so concerned shall divide the hour for that side. 7-14