HAR §12-46-41
HAR §12-46-41. Disclosure
Cite as Haw. Code R. § 12-46-41
(a)
A copy of the
investigation report, in order to be admitted at
hearing, shall be provided to respondent not later
than seven days prior to the hearing.
If a copy of
the investigation report is not provided to
respondent, the report shall not be permitted to be
introduced at the hearing.
(b)
Any party, by timely written demand filed
with the hearings examiner, and served upon any other
party, may request of another party to the proceeding,
the full disclosure of:
(1)
The identity of all witnesses to be called
by the party, including their addresses and
phone numbers, if known;
(
(2)
The identity of all persons, including their
addresses and phone numbers, known by the
party to have material knowledge relevant to
the proceeding; and
(3)
All documents to be introduced at the
hearing.
The requesting party shall have
the right to examine the documents and make
copies thereof.
(c)
All demands for disclosure are standing
demands and the party to whom the demand is directed
shall be under a duty to disclose the information
requested as and when it becomes available.
(d)
The information requested shall be disclosed
to the requesting party at least seven days prior to
the hearing.
The failure to comply with disclosure
requirements may result in the evidence subject to the
disclosure request not being permitted to be
introduced at the hearing.
[Eff 12/31/90; comp
] (Auth: HRS §§91-2, 368-3)
(Imp: HRS
§§91-2, 368-3)