Haw. Code R. § 12-46-40 - Ex parte communications

(a) Because of the commission's role as final arbiter and because the commission will not be involved in pre-hearing stages, in any proceedings before a hearings examiner or the commission:

(1) Neither the commission's staff nor any person, either in private or public life, shall communicate privately on the merits of the case with any member of the commission or with the hearings examiner designated to hear and decide the matter unless specifically provided for by law; and

(2) No member of the commission's staff or any other government agency who participates in the hearing as a witness or counsel shall privately communicate on the merits of the case with any member of the commission or with the hearings examiner designated to hear and decide the matter, unless specifically provided for by law.

(b) It shall be improper for the commission's staff or any person interested in a proceeding to seek to influence the judgment of the commission or hearings examiner.

(c) It shall be improper for the commission's staff:

(1) To disclose or reveal to any member of the commission or hearings examiner designated to hear and decide the matter the contents of any investigatory report, prepared by the commission, concerning the matter before the commission or hearings examiner; or

(2) To furnish the report or a copy thereof to any member of the commission or hearings examiner designated to hear and decide the matter.

(d) Nothing in this section, which is intended to prohibit the ex parte disclosure of the investigatory report, shall prohibit the introduction of the report at the hearing pursuant to and in conformance with sections 12-46-41 and 12-46-44.

(e) Nothing in this section shall prohibit commission from retaining legal counsel not involved in the prosecution of complaints or representation of complainants before the commission.

Notes

Haw. Code R. § 12-46-40

[Eff 12/31/90] (Auth: HRS §§ 91-2, 368-3) (Imp: HRS §§ 91-9, 91-2, 368-3)