Haw. Code R. § 16-601-29 - Ex parte communications

(a) No person, whether or not a party to or participant in an agency hearing, shall consult or communicate with any commissioner or hearings officer or any member of the commission staff on any issue of fact in a contested case proceeding before the commission, except as otherwise authorized in this section or by law.

(b) All written and oral ex parte communications received by any commissioner or hearings officer, containing facts or contentions in a contested case proceeding, which may affect the decision in the proceeding and which are known or believed to be unauthorized at the time of receipt, shall be immediately sent to all interested parties to the proceeding and made an official part of the record.

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

(1) Communication between the commission and commission staff;

(2) Communication that relates solely to matters which a commissioner or hearings officer is authorized to dispose of on an ex parte basis,-

(3) Communication with counsel or staff for the commission relating solely to matters of practice and procedure; and

(4) Communication had after adequate notice and opportunity for all parties to participate.

Notes

Haw. Code R. § 16-601-29

[Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-13, 269-3, 269-6)