Haw. Code R. § 12-22-41 - Prehearing conference

(a) Upon docketing an appeal, but prior to a hearing, the hearings officer may hold a prehearing conference with the parties.

(b) Any matter not raised at the prehearing conference shall not be allowed during the hearing. Matters to be discussed at the prehearing conference may include but are not limited to the following:

(1) A discussion of the issues raised by the appellant and the explanations and defenses to be presented by the parties at the hearing;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of obtaining stipulations which will avoid unnecessary proof;

(4) The possibility of a settlement between the parties; and

(5) Other matters that may aid in the disposition of the case.

(c) If the parties agree to the terms of a settlement at the prehearing conference, the settlement shall be reduced to writing, signed by the parties, and approved by the hearings officer. If approved, the case will be dismissed without a finding on the merits of the complaint and a copy of the final prehearing settlement shall be sent by mail to the department and the appellant.

(d) A prehearing settlement shall not affect the processing of any other case, including but not limited to complaints in which the allegations are like or related to the individual allegations settled.

(e) Prehearing conference statements shall be filed by the parties no later than three business days before the scheduled prehearing conference covering those areas identified in the notice of prehearing conference. Additional conferences may be scheduled at the hearings officers' discretion.

Notes

Haw. Code R. § 12-22-41

[Eff and comp 7/23/2018] (Auth: HRS § 104-29) (Imp: § 104-23)