HAR §12-46-43
HAR §12-46-43. Testimony at hearing
Length: 304 wordsOfficial source
Cite as Haw. Code R. § 12-46-43
(a)
Testimony
adduced at the hearing may be electronically recorded
and need not be transcribed.
Unless otherwise
provided, the cost of the transcription of the
electronic recording of the testimony shall be paid by
the requesting party.
(b)
Any party may request that all of the
testimony adduced at the hearing be taken by a court
reporter.
The request shall be made prior to the date
of the hearing and shall be within the sole discretion
of the hearings examiner to grant or deny.
The
transcript of the proceeding shall constitute the
official record of the testimony adduced at the
hearing, and shall remain in the possession of the
hearings examiner or commission.
The cost of the
transcript shall be paid for by the requesting party.
If a party desires a copy of the transcript for the
party's personal use, the requesting party shall pay
the cost of a copy of that transcript.
(c)
The hearings examiner shall make the
electronic recording of the testimony available to the
parties for use in preparing exceptions to a proposed
decision or recommended decision.
(d)
If judicial review is requested, the
commission shall cause a transcript of the hearing to
be prepared if requested as part of the record on
appeal.
If a party desires a copy of the transcript
for their personal use, the requesting party shall pay
the cost of a copy of that transcript.
(e)
Unless the commission has been notified in
writing of a party's request for judicial review
within the time permitted for requesting the review,
the commission, after the time for requesting judicial
review has passed, may destroy the electronically
recorded testimony.
A transcript need not be prepared
unless expressly requested and paid for by the
requesting party.
[Eff 12/31/90; comp
(Auth: HRS §§91-2, 368-3)
(Imp: HRS §§91-2, 368-3)
46-46
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