§91-9  Contested cases; notice; hearing;

records.  (a)  Subject to section 91-8.5, in any contested case, all

parties 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 to

be held;

     (3)  The particular sections of the statutes and rules

involved;

     (4)  An explicit statement in plain language of the

issues 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 detail

at the time the notice is served, the initial notice may be limited to a

statement of the issues involved, and thereafter upon application a bill of particulars

shall be furnished;

     (5)  The fact that any party may retain counsel if the

party so desires and the fact that an individual may appear on the individual's

own behalf, or a member of a partnership may represent the partnership, or an

officer or authorized employee of a corporation or trust or association may

represent the corporation, trust, or association.

     (c)  Opportunities shall be afforded all

parties to present evidence and argument on all issues involved.

     (d)  Any procedure in a contested case may be

modified or waived by stipulation of the parties and informal disposition may

be made of any contested case by stipulation, agreed settlement, consent order,

or default.

     (e)  For the purpose of agency decisions, the

record 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 the

hearing;

     (6)  Staff memoranda submitted to members of the

agency in connection with their consideration of the case.

     (f)  It shall not be necessary to transcribe

the record unless requested for purposes of rehearing or court review.

     (g)  No matters outside the record shall be

considered by the agency in making its decision except as provided herein.  [L

1961, c 103, §9; Supp, §6C-9; HRS §91-9; am L 1980, c 130, §1; gen ch 1985; am

L 2003, c 76, §2]

 

Case Notes

 

  Provision for waiver

of any procedure includes procedural requirements of §91-11.  54 H. 10, 510

P.2d 358.

  Subsection (c)

applied.  55 H. 538, 524 P.2d 84.

  There were no

statutes which required that the prisoner be given a hearing on transfer from

state to federal prison.  58 H. 386, 570 P.2d 563.

  Full hearing, what

constitutes.  60 H. 166, 590 P.2d 524.

  State did not have to

follow contested case procedures in canceling a lease of state land.  66 H.

632, 672 P.2d 1030.

  Particularized notice

of methodology used by public utilities commission in its ratemaking

determinations not required.  67 H. 425, 690 P.2d 274.

  Where board of land

and natural resources improperly consulted outside sources, the violation was

cured by the subsequent rehearing proceeding.  76 H. 259, 874 P.2d 1084.

  Appellant failed to

show that board of medical examiners violated subsection (g), where appellant

contended that board violated subsection (g) by taking testimony from hearings

officer during a hearing before the board en banc about matters not contained

in the record.  78 H. 21, 889 P.2d 705.

  Receiving a letter

from party and taking a view of the premises after the public hearing was

closed were irregularities leading to reversal.  2 H. App. 43, 625 P.2d 1044.

  Not violated by

agency's order that parties not make any further comments unless specifically

requested.  4 H. App. 633, 675 P.2d 784.

  Cited:  904 F. Supp.

1098.