Haw. Code R. § 15-219-25 - Ex parte communications

(a) No person, whether or not a party to or participant in a proceeding before the authority, shall make an unauthorized ex parte communication, either written or oral, about the proceeding to any authority member or hearings officer who will be a participant in the decision-making process.

(b) All ex parte communications received by any authority member or hearings officer which are known or believed to be unauthorized at the time of receipt shall be immediately disclosed to all parties to the proceeding and made an official part of the record.

(c) The following classes of ex parte communications are permitted:

(1) Communications between an authority member and HCDA staff or HCDA counsel, except where there is a pending appeal from an action taken by the executive director, in which case communication between a hearings officer and HCDA counsel is permitted;

(2) Communications between a hearings officer and HCDA staff or HCDA counsel, except where there is a pending appeal from an action taken by the executive director, in which case communication between a hearings officer and HCDA counsel is permitted;

(3) Communications which relate solely to matters which an authority member or hearings officer is authorized by the authority to dispose of on an ex parte basis, including communications regarding scheduling or other procedural matters regarding the course of the proceeding; and

(4) Communications which all parties to the proceeding agree after adequate notice and an opportunity for all parties to participate.

Notes

Haw. Code R. § 15-219-25

[Eff MAR 02 2012 ] (Auth: HRS §§ 91-13, 206E-4) (Imp: HRS §§ 91-13, 206E-4)