§271-31  Hearings.  (a)  All hearings,investigations, and proceedings shall be governed by this section and by rulesof practice and procedure adopted by the public utilities commission, and inthe conduct thereof, the technical rules of evidence need not be applied.  Noinformality in any hearing, investigation, or proceeding, or in the manner oftaking testimony shall invalidate any order, decision or rule made, approved,or confirmed by the commission.

(b)  Complaints may be made, in writing, by thecommission on its own motion or by any person or body politic, setting forthany act or thing done, or omitted to be done by any motor carrier, includingany rule, regulation, rate, or charge, heretofore established or fixed by orfor any motor carrier, in violation or claimed to be in violation, of any lawor of any order or rule of the commission.

(c)  All matters upon which complaint may befounded may be joined in one hearing, and no motion shall be entertainedagainst a complaint for misjoinder of causes of action or grievances ormisjoinder or nonjoinder of parties.  In any review by the courts of orders ordecisions of the commission the same rule shall apply with regard to thejoinder of causes and parties as herein provided.  The commission shall not berequired to dismiss any complaint because of the absence of direct damage tothe complainant.

(d)  Upon the filing of a complaint, thecommission shall cause a copy thereof to be served upon the person or motorcarrier complained of.  Service in all hearings, investigations, andproceedings pending before the commission may be made upon any person upon whoma summons may be served in any proceeding before the courts of this State, andmay be made personally or by mailing in a sealed envelope, registered orcertified, with postage prepaid.  The commission shall fix the time when andplace where a hearing will be had upon the complaint and shall serve noticethereof, not less than ten days before the time set for the hearing, unless thecommission finds that public necessity requires that the hearing be held at anearlier date.

(e)  At the time fixed for any hearing beforethe commission or the time to which the hearing has been continued, thecomplainant and the person complained of, and such persons as the commissionallows to intervene, shall be entitled to be heard and to introduce evidence. The commission shall issue process to enforce the attendance of all necessarywitnesses.  After the conclusion of the hearing, the commission shall make andfile its order, containing its decision which shall be based on findings offact and conclusions of law therein stated.  A copy of each order, certifiedunder the seal of the commission, shall be served upon the person complainedof, or the person's attorney.  The order shall, of its own force, take effectand become operative twenty days after the service thereof, except as otherwiseprovided, and shall continue in force either for a period designated in it oruntil changed or abrogated by the commission.  If the commission believes thatan order cannot be complied with within twenty days, it may prescribe suchadditional time as in its judgment is reasonably necessary to comply with theorder, and may on application and for good cause shown, extend the time forcompliance fixed in its order.

(f)  A complete record of all proceedings andtestimony before the commission on any formal hearing shall be taken down by areporter appointed by the commission, and the parties shall be entitled to beheard in person or by attorney.  In case of an action to review an order ordecision of the commission, a transcript of the testimony, together with allexhibits or copies thereof introduced, and of the pleadings, records, andproceedings in the cause, shall constitute the record of the commission, butthe party or parties to the proceeding and the commission may stipulate thatdesignated parts of the record need not be transmitted to the appellate court,as provided by the rules of the court.

(g)  Any motor carrier may complain on any ofthe grounds upon which complaints are allowed to be filed by other parties, andthe same procedure shall be adopted and followed as in other cases, except thatthe complaint may be heard ex parte by the commission or may be served upon anyparty designated by the commission.

(h)  The commission may at any time upon noticeto the motor carrier affected, and after opportunity to be heard as provided inthe case of complaints, rescind, alter, or amend any order or decision made byit.  Any order rescinding, altering, or amending a prior order or decisionshall, when served upon the motor carrier affected, have the same effect as anoriginal order or decision.

(i)  In all collateral actions or proceedings,the orders and decisions of the commission which have become final shall beconclusive. [L 1961, c 121, pt of §2; Supp, §106C-29; HRS §271-31; am L 1973, c149, §2(c); am L 1979, c 111, §12; gen ch 1985]

 

Cross References

 

  Hearings, see chapter 91.

 

Case Notes

 

  The qualifying clause in §271-32(e) neither limits appeals to"contested" cases nor limits appeals to hearings held pursuant tothis section; §271-32(e) is intended to apply only in the event that the publicutilities commission conducts a contested case hearing, limiting standing to the"aggrieved" party in that hearing.  104 H. 98, 85 P.3d 623.

  Cited:  50 H. 172, 435 P.2d 21.

  Referred to:  50 H. 22, 428 P.2d 411.