HAR §12-22-41
HAR §12-22-41. Prehearing conference
Cite as Haw. Code R. § 12-22-41
(a) Upon
docketing an appeal, but prior to a hearing, the
hearings officer may hold a prehearing conference with
the parties.
(b) Any matter not raised at the prehearing
conference shall not be allowed during the hearing.
Matters to be discussed at the prehearing conference
may include but are not limited to the following:
(1) A discussion of the issues raised by the
appellant and the explanations and defenses
to be presented by the parties at the
hearing;
(2) The necessity or desirability of amendments
to the pleadings;
(3) The possibility of obtaining stipulations
which will avoid unnecessary proof;
(4) The possibility of a settlement between the
parties; and
§12-22-42
22-19
(5) Other matters that may aid in the
disposition of the case.
(c) If the parties agree to the terms of a
settlement at the prehearing conference, the
settlement shall be reduced to writing, signed by the
parties, and approved by the hearings officer. If
approved, the case will be dismissed without a finding
on the merits of the complaint and a copy of the final
prehearing settlement shall be sent by mail to the
department and the appellant.
(d) A prehearing settlement shall not affect the
processing of any other case, including but not
limited to complaints in which the allegations are
like or related to the individual allegations settled.
(e) Prehearing conference statements shall be
filed by the parties no later than three business days
before the scheduled prehearing conference covering
those areas identified in the notice of prehearing
conference. Additional conferences may be scheduled
at the hearings officers’ discretion. [Eff and comp
7/23/18 ] (Auth: HRS §104-29) (Imp: §104-
23)