§91-9  Contested cases; notice; hearing;records.  (a)  Subject to section 91-8.5, in any contested case, allparties shall be afforded an opportunity for hearing after reasonable notice.

(b)  The notice shall include a statement of:

(1)  The date, time, place, and nature of hearing;

(2)  The legal authority under which the hearing is tobe held;

(3)  The particular sections of the statutes and rulesinvolved;

(4)  An explicit statement in plain language of theissues involved and the facts alleged by the agency in support thereof;provided that if the agency is unable to state such issues and facts in detailat the time the notice is served, the initial notice may be limited to astatement of the issues involved, and thereafter upon application a bill of particularsshall be furnished;

(5)  The fact that any party may retain counsel if theparty so desires and the fact that an individual may appear on the individual'sown behalf, or a member of a partnership may represent the partnership, or anofficer or authorized employee of a corporation or trust or association mayrepresent the corporation, trust, or association.

(c)  Opportunities shall be afforded allparties to present evidence and argument on all issues involved.

(d)  Any procedure in a contested case may bemodified or waived by stipulation of the parties and informal disposition maybe made of any contested case by stipulation, agreed settlement, consent order,or default.

(e)  For the purpose of agency decisions, therecord shall include:

(1)  All pleadings, motions, intermediate rulings;

(2)  Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed;

(3)  Offers of proof and rulings thereon;

(4)  Proposed findings and exceptions;

(5)  Report of the officer who presided at thehearing;

(6)  Staff memoranda submitted to members of theagency in connection with their consideration of the case.

(f)  It shall not be necessary to transcribethe record unless requested for purposes of rehearing or court review.

(g)  No matters outside the record shall beconsidered by the agency in making its decision except as provided herein.  [L1961, c 103, §9; Supp, §6C-9; HRS §91-9; am L 1980, c 130, §1; gen ch 1985; amL 2003, c 76, §2]

 

Case Notes

 

  Provision for waiverof any procedure includes procedural requirements of §91-11.  54 H. 10, 510P.2d 358.

  Subsection (c)applied.  55 H. 538, 524 P.2d 84.

  There were nostatutes which required that the prisoner be given a hearing on transfer fromstate to federal prison.  58 H. 386, 570 P.2d 563.

  Full hearing, whatconstitutes.  60 H. 166, 590 P.2d 524.

  State did not have tofollow contested case procedures in canceling a lease of state land.  66 H.632, 672 P.2d 1030.

  Particularized noticeof methodology used by public utilities commission in its ratemakingdeterminations not required.  67 H. 425, 690 P.2d 274.

  Where board of landand natural resources improperly consulted outside sources, the violation wascured by the subsequent rehearing proceeding.  76 H. 259, 874 P.2d 1084.

  Appellant failed toshow that board of medical examiners violated subsection (g), where appellantcontended that board violated subsection (g) by taking testimony from hearingsofficer during a hearing before the board en banc about matters not containedin the record.  78 H. 21, 889 P.2d 705.

  Receiving a letterfrom party and taking a view of the premises after the public hearing wasclosed were irregularities leading to reversal.  2 H. App. 43, 625 P.2d 1044.

  Not violated byagency's order that parties not make any further comments unless specificallyrequested.  4 H. App. 633, 675 P.2d 784.

  Cited:  904 F. Supp.1098.

 

Hawaii Legal Reporter Citations

 

  Right to counsel. 77-1 HLR 76-295.

  Contested casehearing.  79 HLR 79-0651.

  No rules.  80-1 HLR800114.

  Hearing required. 80-1 HLR 800249; 83-1 HLR 830473.