Haw. Code R. § 12-46-43 - Testimony at hearing
(a) Testimony
adduced at the hearing may be electronically recorded and need not be
transcribed. Unless otherwise provided, the cost of the transcription of the
electronic recording of the testimony shall be paid by the requesting
party.
(b) Any party may request
that all of the testimony adduced at the hearing be taken by a court reporter.
The request shall be made prior to the date of the hearing and shall be within
the sole discretion of the hearings examiner to grant or deny. The transcript
of the proceeding shall constitute the official record of the testimony adduced
at the hearing, and shall remain in the possession of the hearings examiner or
commission. The cost of the transcript shall be paid for by the requesting
party. If a party desires a copy of the transcript for the party's personal
use, the requesting party shall pay the cost of a copy of that
transcript.
(c) The hearings
examiner shall make the electronic recording of the testimony available to the
parties for use in preparing exceptions to a proposed decision or recommended
decision.
(d) If judicial review is
requested, the commission shall cause a transcript of the hearing to be
prepared if requested as part of the record on appeal. If a party desires a
copy of the transcript for their personal use, the requesting party shall pay
the cost of a copy of that transcript.
(e) Unless the commission has been notified
in writing of a party's request for judicial review within the time permitted
for requesting the review, the commission, after the time for requesting
judicial review has passed, may destroy the electronically recorded testimony.
A transcript need not be prepared unless expressly requested and paid for by
the requesting party.
Notes
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