[§92-16]  Power of boards to issuesubpoenas, administer oaths, appoint masters, etc.  (a)  Any board (whichterm as used in this section means any board or commission of the State or ofany political subdivision of the State) which is by law authorized or requiredto hold hearings for the purpose of receiving evidence, shall have thefollowing powers, in addition to those provided for by any other law, inconnection with the hearings:

(1)  To subpoena witnesses upon subpoena signed by thechairperson, acting chairperson, or any member, or executive secretary, orexecutive officer of or under the board who is so authorized by the board.  Thesubpoenas shall be served in the same manner, and the witnesses subpoenaedshall be entitled to the same witness fees, as in the case of a witnesssubpoenaed to testify before a circuit court.  Any circuit court, upon thewritten application of any member of the board or of any master appointed by itas in this section provided, shall have power to enforce obedience to thesubpoena by contempt proceedings.

(2)  Through the chairperson, acting chairperson, orany member of the board, or through the executive secretary or executiveofficer of or under the board so authorized by the board, to administer oathsto witnesses and require the testimony of such witnesses on matters germane tothe subject under inquiry at the hearing.  Any party to the hearing uponrequest shall be allowed to be represented by counsel and be allowed reasonablerights of examination and cross-examination of witnesses.  Any false swearingby a witness at the hearing upon any material issue or matter shall constituteperjury, and be punishable as such.

(3)  To appoint, by written resolution adopted by voteof a majority of the board, a master or masters (who may, but need not be, amember or members of the board, or a disinterested attorney at law or otherperson, or a combination of any of them) to hold the hearing and take testimonyupon the matters involved in the hearing and report to the board the master'sor their findings and recommendations, together with a transcript of thehearing or a summary of the evidence and testimony taken thereat, and to adoptthe findings and recommendations, in whole or in part, or otherwise act uponthe report and transcript or summary, and, in the board's discretion, to holdfurther hearings and take further evidence and testimony in connectiontherewith, before taking final action thereon.  Any master may be paid suchreasonable compensation as shall be determined by the board, provided that nomember of the board shall be eligible to receive any additional compensationfor services as master.

(b)  Subpoena fees, master's fees, and otherexpenses in connection with the hearings shall be payable out of any moneysappropriated or available for expenditure by the board for personal services orcurrent expenses, or both.  Any master so appointed shall have all of thepowers which would be held and enjoyed by the board or the chairperson or anymember thereof in connection with the hearing. [L 1949, c 329, §1; RL 1955,§7-27; HRS §92-12; am L 1973, c 31, pt of §21; ren §92-16; gen ch 1985, 1993]