HAR §12-46-40
HAR §12-46-40. Ex parte communications
Cite as Haw. Code R. § 12-46-40
(a)
Because
of the commission's role as final arbiter and because
the commission will not be involved in pre-hearing
stages, in any proceedings before a hearings examiner
or the commission:
( 1 )
Neither the comm i s s ion ' s st a f f nor any
person, either in private or public life,
shall communicate privately on the merits of
the case with any member of the commission
or with the hearings examiner designated to
hear and decide the matter unless
specifically provided for by law; and
(2)
No member of the commission's staff or any
other government agency who participates in
the hearing as a witness or counsel shall
privately communicate on the merits of the
case with any member of the commission or
with the hearings examiner designated to
hear and decide the matter, unless
specifically provided for by law.
(b)
It shall be improper for the commission's
staff or any person interested in a proceeding to seek
to influence the judgment of the commission or
hearings examiner.
(c)
It shall be improper for the commission's
staff:
(
(1)
To disclose or reveal to any member of the
commission or hearings examiner designated
to hear and decide the matter the contents
of any investigatory report, prepared by the
commission, concerning the matter before the
commission or hearings examiner; or
(2)
To furnish the report or a copy thereof to
any member of the commission or hearings
examiner designated to hear and decide the
matter.
(d)
Nothing in this section, which is intended
to prohibit the ex parte disclosure of the
investigatory report, shall prohibit the introduction
of the report at the hearing pursuant to and in
conformance with sections 12-46-41 and
12-46-44.
(e)
Nothing in this section shall prohibit
commission from retaining legal counsel not involved
in the prosecution of complaints or representation of
complainants before the commission.
[Eff 12/31/90;
comp
] (Auth: !IRS §§91-2, 368-3)
(Imp:
HRS §§91-2, 91-9, 368-3)