HAR §20-10-14
HAR §20-10-14. evidence and argument on all issues involved
Cite as Haw. Code R. § 20-10-14
(b)
Any procedure in a contested case may be
modified or waived by stipulation of the parties and
informal disposition may be made of any contested case
by stipulation, agreed settlement, consent order, or
default.
(c)
For the purpose of decisions, the record of
the contested case shall include:
(1)
All pleadings , motions, and intermediate
rulings ;
(2)
Evidence received or considered, including
oral testimony, exhibits, and a statement of
matters officially noticed;
(3)
Offers of proof and rulings thereon;
(4)
Proposed findings and exceptions;
(5)
Report of the hearing officer who presided
at the hearing; and
(6)
Staff memoranda submitted to the hearing
officer in connection with the hearing
officer' s consideration of the case .
(d)
For the purpose of preserving a record of
the proceedings before the hearing officer, the
proceedings shall be recorded.
It shall not be
necessary to transcribe the record unless requested
for purposes of rehearing, review by the president or
the president's designee, or court review.
(e)
Within a reasonable time following the
closure of the hearing on the contested case, the
hearing officer shall prepare a proposed decision on
the case as a recommendation for the president or the
president's designee.
(f)
No matters outside the record shall be
considered by the hearing officer in making a proposed
decision, except as provided in this chapter .
(g)
Every decision and order rendered by the
hearing officer shall be in writing and shall contain
a statement of reasons for the decision and shal l
i nclude a determinat i on of each issue of fact or law
necessary to the proposed decision .
If any party to
the contested case proceeding has filed proposed
findings of fact , the hearing officer shall
10- 14
§20-10-15
incorporate in the proposed decision a ruling upon
each proposed finding so presented.
(h)
A copy of the proposed decision shall be
served upon both the debtor and the claimant by
delivering or mailing a copy of the propo sed decision
and accompanying findings and conclusions to each
party or to the party' s attorney of reco rd.
(i)
If the debtor is adversely affected by the
proposed decision1 the debtor shall be afforded an
opportunity to file exceptions t o the proposed
decision and present argument to the president or the
president ' s designee before a final decision on the
contested case is rendered by the president or the
president ' s designee.
Exceptions shall be filed in
the manner set forth in section 20-10-16 (b).
[Eff
5/9/98; am and comp 12/12/02; am and c omp 3/18/18;
comp
OCT 1 3 2022
]
(Auth:
HRS §§26- 38, 91- 2 , 231-
58 1
304A-105, 304A-604) (Imp:
HRS §§91-2, 91-9 to 91-
13 , 92-16, 231-53 , 304A-105 , 304A-602 ,
304A-60 4)