§261E-18 - Hearings.
[§261E-18] Hearings. (a) Unless
otherwise provided in this chapter, all hearings, investigations, and
proceedings shall be governed by chapter 91 and by rules adopted by the air
carrier commission, and in the conduct thereof, the rules of evidence need not
be applied; provided that in all evidentiary hearings conducted pursuant to
chapter 91 in which a person has the burden of:
(1) Justifying the reasonableness of its rates,
fares, charges, or classifications;
(2) Establishing the need for service in the public
convenience and necessity or of demonstrating that a proposed transaction is
consistent with the public interest; or
(3) Proving the reasonableness of expenditures,
contracts, leases, or other transactions between the carrier and corporate affiliates
of the carrier,
the burden shall be satisfied only if the reliable,
probative, and substantial evidence is clear and convincing. No informality in
any hearing, investigation, or proceeding, or in the manner of taking testimony
shall invalidate any order, decision, or rule made, approved, or confirmed by
the commission.
(b) Complaints may be made in writing by the
commission on its own motion or by any person or body politic setting forth any
act or thing done, or omitted to be done, by any person subject to the
commission's jurisdiction, including any rule, rate, or charge, heretofore
established or fixed by or for any Hawaii air carrier, in violation or claimed
to be in violation, of any law or any order or rule of the commission. [L Sp
2008, c 1, pt of §2]