Haw. Code R. § 16-201-31 - Testimony

(a) A record shall be made of all oral testimony taken at the hearing.

(b) Testimony taken 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.

(c) Any party may request that all of the testimony taken at the hearing be taken by a court reporter. The request shall be made in writing, at least ten days before the date of the hearing and shall be within the sole discretion of the hearings officer or the authority to grant or deny. The transcript of the proceeding shall constitute the official record of the testimony taken at the hearing, and shall remain in the possession of the hearings officer or authority. The cost of the transcript shall be paid for by the requesting party. If a party desires a copy of the transcript, the requesting party shall pay the cost of a copy of that transcript.

(d) The authority or hearings officer shall make the electronic recording of the testimony available to the parties for use in preparing exceptions to or statements in support of a proposed decision or recommended order.

(e) If judicial review is requested, the authority or hearings officer 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.

(f) Unless the authority has been notified in writing of a party's request for judicial review within the time permitted for requesting the review, the authority or hearings officer, after the time for requesting judicial review has passed, may erase the electronically recorded testimony. Where by statute judicial review is by trial de novo, a transcript need not be prepared unless expressly requested and paid for by the requesting party.

Notes

Haw. Code R. § 16-201-31

[Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§ 91-2, 26-9) (Imp: HRS §§ 91-2, 91-9, 26-9)