Haw. Code R. § 12-46-44 - Record of hearing

(a) The record shall consist of the following:

(1) All pleadings, motions, memoranda and intermediate rulings;

(2) All evidence received or considered, including without limitation, oral testimony, exhibits, and matters officially noted by the commission or hearings examiner;

(3) All offers of proof and rulings thereon;

(4) All proposed findings and exceptions;

(5) The proposed decision of the hearings examiner who presided at the hearing; and

(6) The investigatory report shall not be made part of the record or disclosed to the hearings examiner unless the report has been provided to the respondent and introduced at the hearing pursuant to section 12-46-41.

(b) Unless the commission has been notified in writing of a party's request for judicial review within the time permitted for requesting judicial review, the commission, after the time for requesting judicial review has passed, may cause exhibits to be returned to the party introducing the exhibits or if the party does not wish their return, order the disposal or destruction of the exhibits.

Notes

Haw. Code R. § 12-46-44

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