§261E-18 - Hearings.
[§261E-18] Hearings. (a) Unlessotherwise provided in this chapter, all hearings, investigations, andproceedings shall be governed by chapter 91 and by rules adopted by the aircarrier commission, and in the conduct thereof, the rules of evidence need notbe applied; provided that in all evidentiary hearings conducted pursuant tochapter 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 publicconvenience and necessity or of demonstrating that a proposed transaction isconsistent with the public interest; or
(3) Proving the reasonableness of expenditures,contracts, leases, or other transactions between the carrier and corporate affiliatesof the carrier,
the burden shall be satisfied only if the reliable,probative, and substantial evidence is clear and convincing. No informality inany hearing, investigation, or proceeding, or in the manner of taking testimonyshall invalidate any order, decision, or rule made, approved, or confirmed bythe commission.
(b) Complaints may be made in writing by thecommission on its own motion or by any person or body politic setting forth anyact or thing done, or omitted to be done, by any person subject to thecommission's jurisdiction, including any rule, rate, or charge, heretoforeestablished or fixed by or for any Hawaii air carrier, in violation or claimedto be in violation, of any law or any order or rule of the commission. [L Sp2008, c 1, pt of §2]