Laserfiche WebLink
<br /> <br />d. Submission of Testimony. Each witness shall before proceeding to testify, state <br />his name, address and whom he represents at the hearing, and shall give such <br />information respecting his appearance as the presiding officer may request. The <br />presiding officer shall confine the testimony to the matters for which the hearing <br />has been called but shall not apply the technical rules of evidence. Every witness <br />shall be subject to questioning by the members of the Agency or by any other <br />representative of the Agency. <br /> <br />e. Oral and Written Presentation. All interested persons or agencies will be afforded <br />an opportunity to submit data, views or arguments, orally or in writing, that are <br />relevant to the matters specified in the notice of hearing. The period for filing <br />written comments or recommendations may be extended beyond the hearing date <br />by the presiding officer for good cause. An original and five copies are requested <br />when submitting written comments, recommendations or replies. <br /> <br />f. Transcript of the Evidence. Unless otherwise specifically ordered by the Agency, <br />testimony given at the public hearing shall not be reported verbatim. All <br />supporting written statements, maps, charts, tabulations or similar data offered in <br />evidence at the hearing, and which are deemed by the presiding officer to be <br />authentic and relevant, shall be received in evidence and made a part of the <br />record. Unless the presiding officer finds that the furnishing of copies is <br />impracticable, six copies of the exhibits shall be submitted. <br /> <br />4.4 Agency Action <br /> <br />The Agency will consider all relevant comments and material of record before taking <br />final action in a rulemaking proceeding. Final action shall be taken within ninety (90) <br />days after the final public hearing, or the expiration of any extension period for <br />submission of written comments or recommendations. <br /> <br />4.5 Emergency Rulemaking <br /> <br />Notwithstanding the foregoing rules, if the Agency finds that an imminent peril to public <br />health or safety requires adoption, amendment or repeal of a rule or regulation upon less <br />than thirty (30) days' notice of hearing, and states in writing its reasons for such finding, <br />it may proceed without prior notice or hearing or upon such abbreviated notice and <br />hearing as it finds practicable to adopt an emergency rule or regulation. The Agency shall <br />make an emergency rule known to persons who will be affected by it by publication at <br />least once in a newspaper of general circulation in the county and in accordance with the <br />Hawaiʻi County Charter. <br /> <br />4.6 Filing of Rules <br /> <br />The Agency, upon adopting, amending or repealing a rule and approval by the Mayor, <br />shall file certified copies thereof with the County Clerk. <br /> <br /> <br />