Haw. Code R. § 3-126-58 - Ex parte communications

(a) In any proceeding before the hearings officer:

(1) No person shall communicate privately on the merits of the case with the hearings officer designated to hear and decide the matter unless specifically provided for by law; and

(2) No member of any other government agency who participates in the hearing as a witness or counsel shall privately communicate on the merits of the case with the hearings officer designated to hear and decide the matter, unless specifically provided for by law.

(b) It shall be improper for any person interested in a proceeding to seek to influence the judgment of the panel or hearings officer.

(c) Except as otherwise provided herein, it shall be improper for any member of a state agency:

(1) To disclose or reveal to the hearings officer designated to hear and decide the matter, the contents of any investigation report concerning the matter before the hearings officer; or

(2) To furnish the report or a copy thereof to the hearings officer designated to hear and decide the matter.

(d) Nothing in this subsection, which is intended to prohibit the ex parte disclosure of the investigation report, shall prohibit the introduction of the report at the hearing pursuant to and in conformance with the rules of evidence.

Notes

Haw. Code R. § 3-126-58

[Eff 12/15/95; comp MAY 20 2004] (Auth: HRS §§ 103D-202, 103D-709) (Imp: HRS § 103D-709)