HAR §15-15-55.1
HAR §15-15-55.1. Filing of exhibits
Cite as Haw. Code R. § 15-15-55.1
(a) No later than forty-five days prior to the
scheduled hearing pursuant to section 15-15-51, all parties shall submit all exhibits to
substantiate their position on the boundary amendment.
(b)
No later than forty-five days prior to the scheduled hearing pursuant to section
15-15-51, all intervenors granted standing shall submit all exhibits to substantiate their
position on the boundary amendment petition.
(c)
Each party shall have the opportunity to provide further response to address
the exhibits submitted or amended pleadings up to thirty days prior to the hearing date set
pursuant to section 15-15-51.
(d)
Any amendments to pleadings shall be submitted pursuant to section 15-15-
43. [Eff and comp 8/16/97; am and comp May 08 2000] (Auth: HRS §§205-1, 205-7, SLH
1995, Act 235, §2) (Imp: HRS §§91-2, 205-4, SLH 1995, Act 235, §1)
§15-15-56 Stipulation as to findings of fact, conclusions of law, and conditions
of reclassification. At the hearing, all parties may enter into appropriate stipulations as to
findings of fact, conclusions of law, and conditions of reclassification concerning the
proposed boundary change as follows:
(1)
A petitioner who desires to enter into a stipulation shall prepare a proposed
stipulation as to any or all findings of fact, conclusions of law, and conditions
of reclassification concerning the proposed boundary change;
(2)
All parties shall sign the proposed stipulation as to any or all proposed
findings of fact, conclusions of law, conditions of reclassification, and a
proposed decision and order, if at all, and shall submit such stipulation to the
commission ten days prior to the hearing date;
(3)
At the hearing, the commission may approve or deny the proposed stipulation
and proposed decision and order or the commission may require the parties to
submit additional evidence concerning the proposed stipulation and proposed
decision and order;
(4)
The commission may approve the proposed decision and order by amending
or adopting the proposed decision and order. The commission shall issue a
decision and order pursuant to provisions of sections 15-15-36 and 15-15-74
and section 205-4(g), HRS. [Eff 10/27/86; am and comp 8/16/97; comp May
08 2000] (Auth: HRS §§205-1, 205-7) (Imp: HRS §205-4)
§15-15-57 Prehearing conference; exchange of exhibits; prehearing conference
order. (a) The chairperson, presiding officer, or the executive officer shall be authorized to
hold a prehearing conference with the parties for the purpose of identifying the issues,
identifying the position of the parties, arranging for the exchange of proposed exhibits or
proposed written testimony, setting of schedules, exchanging names of witnesses, limitation
of number of witnesses, determining the extent of agreement as to proposed findings, and
such other matters as may expedite orderly conduct and disposition of the hearing. No
motions and decisions on substantive matters shall occur at the meeting.
- 31 -
Hawai`i Administrative Rules Title 15, Chapter 15 - Unofficial
(b)
The chairperson, presiding officer, or the executive officer may issue a
prehearing conference order that shall establish a schedule for the mutual exchange of
exhibits and identification of witnesses. The prehearing conference order shall insure that all
parties will be provided an opportunity to actively participate in the hearing. No party shall
be allowed to present additional exhibits or witnesses that are material or substantial and not
identified within the schedule provided by the prehearing conference order, unless the
presenting party provides good cause or the exhibit or witness is being presented for rebuttal
purposes. [Eff 10/27/86; am and comp 8/16/97; comp May 08 2000] (Auth: HRS §§205-1,
205-7) (Imp: HRS §§91-2, 205-4)