HAR §21-5-8. Pre-hearing conference

(a) When a pre-hearing conference is held by the presiding officer, except as and to the extent otherwise ordered: (1) Each party shall file a prehearing conference brief in which it discloses the theory of that party’s case, including the basic facts each party intends to prove and the names and addresses of all witnesses which each party intends to call; (2) Each party shall disclose to all others and permit examination of all exhibits which are in that party’s possession or under that party’s control and which that party intends to offer in evidence at the hearing. Undisclosed exhibits shall not be received in evidence at the hearing over objection unless the presiding officer finds that there was reasonable ground for failing to disclose such exhibits prior to hearing; (3) All exhibits required to be disclosed by subsection (a)(2), and any other exhibits as may be requested by counsel presenting the same, shall be marked for identification at least five days prior to the hearing. (b) The presiding officer may issue a pre-hearing order setting forth any requirements or deadlines regarding the hearing, or may otherwise set a schedule for filing briefs, exhibits, or other pleadings. The presiding officer may strike any documents not timely filed. [Eff July 13, 1981; am and comp ] (Auth: HRS §§84-31(a)(5), 91-2, 97-6(a)(5)) (Imp: HRS §§84-31, 91-2, 91-9, 91-10, 97-6) §21-5-9 Post-hearing procedures for hearing conducted by the commission. (a) The commission may direct one or both parties to submit proposed findings of fact and conclusions of law. The commission shall determine the findings of fact and conclusions of law to be entered. UNOFFICIAL: These searchable/hyperlinked rules are unofficial and provided for convenience only. The official rules are available at https://ethics.hawaii.gov/wp-content/uploads/TITLE21.pdf (b) Every decision of the commission rendered after hearing shall be in writing and shall be accompanied by separate findings of fact and conclusions of law. (c) Any commissioner may file a written concurring or dissenting statement. [Eff June 13, 1981; am and comp ] (Auth: HRS §§84-31(a)(5), 91-2, 97-6(a)(5)) (Imp: HRS §§84-31, 91-2, 91-9, 91- 11, 91-12, 97-6) §21-5-9.1 Post-hearing procedures for hearing conducted by hearing officer. (a) Upon completion of the taking of evidence, the hearing officer may ask the parties to submit proposed findings of fact and conclusions of law. The hearing officer shall thereafter prepare proposed findings of fact, proposed conclusions of law, and a recommended order. (b) The hearing officer shall cause a copy of the proposed findings of fact, proposed conclusions of law, and recommended order to be served upon all parties to the proceeding. (c) Except as otherwise ordered by the commission, within fourteen days after service of the proposed findings of fact, proposed conclusions of law, and recommended order by the hearing officer, a party may file with the commission exceptions to the proposed findings of fact, proposed conclusions of law, and recommended order together with a brief in support of such exceptions. Such party shall serve copies of exceptions and briefs upon each party to the proceeding. (d) The exceptions shall: (1) Set forth specifically the questions of procedure, fact, law, or policy to which exceptions are taken; (2) Identify the proposed findings of fact, proposed conclusions of law, or portions of the recommended order to which objections are made; and (3) State all the grounds for exceptions to a ruling, finding, conclusion, or recommendation. The grounds not cited or specifically urged are waived. (e) Except as otherwise ordered by the chairperson, within ten days after service of the exceptions to the hearing officer’s proposed findings of fact, proposed conclusions of law, and recommended order, any party may file with the commission a brief in response to the exceptions. Such party shall serve copies of the brief upon each party to the proceeding. (f) The brief shall: UNOFFICIAL: These searchable/hyperlinked rules are unofficial and provided for convenience only. The official rules are available at https://ethics.hawaii.gov/wp-content/uploads/TITLE21.pdf (1) Answer specifically the points of procedure, fact, law, or policy to which exceptions were taken; and (2) State the facts and reasons why the proposed findings of fact, conclusions of law, and recommended order should be accepted. (g) The commission may direct oral argument on its own motion. (h) Upon the filing of the exceptions and briefs together with the briefs in support, the commission may: (1) Render its decision upon the record, which shall include the charge, further statement of alleged violation, answers, notice of hearing, motions, rulings, orders, the transcript or other record of the hearing, stipulations, documentary evidence, proposed findings, exhibits and other documents submitted by the parties, objections to the conduct of the hearing, the proposed findings of fact, proposed conclusions of law, and recommended order of the hearing officer, and all other matters placed in evidence; (2) Render its decision after any oral argument ordered; (3) Reopen the docket and take further evidence; or (4) Make such other disposition of the case that is necessary under the circumstances. (i) In the event no statement of exceptions is filed, the commission may proceed to reverse, modify, or adopt the proposed findings of fact, proposed conclusions of law, and recommended order. [Eff ] (Auth: HRS §§84-31(a)(5), 91-2, 97-6(a)(5)) (Imp: HRS §§84-31, 91-2, 91-9, 91- 11, 91-12, 97-6)