HAR §12-24-12
HAR §12-24-12. Prehearing conference
Cite as Haw. Code R. § 12-24-12
(a) At any time after
the filing of a complaint, but prior to the hearing, the hearing
officer may hold a prehearing conference with the parties or
their representatives. 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 complainant
and the explanations and defenses to be presented by
the respondent 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
(5) Other matters that may aid in the disposition of the
complaint.
(b) If the complainant and the respondent 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 hearing officer. If approved, the case will
be closed without a finding on the merits of the complaint and a
copy of the final prehearing settlement shall be sent by
certified mail, return receipt requested, to the complainant and
the respondent.
(c) A prehearing settlement shall not affect the processing
of any other complaint, including, but not limited to, complaints
in which the allegations are like or related to the individual
allegations settled.
(d) If a settlement is achieved, no determination will be
made as to whether or not reasonable cause exists to believe that
the allegations of the complaint are true. [Eff. Sep. 11, 1981]
(Auth: HRS §378-38) (Imp: HRS §378-38)