HAR §15-15-56

HAR §15-15-56. Stipulations

Last amended: 2013Length: 460 wordsOfficial source

Cite as Haw. Code R. § 15-15-56

All parties may enter 45 3081 into appropriate stipulations as to testimony, exhibits, findings of fact, conclusions of law, and conditions of reclassification concerning the proposed boundary amendment as follows: (i) A petitioner who desires to enter into a stipulation shall prepare a proposed stipulation as to any or all testimony, exhibits, proposed findings of fact, conclusions of law, and conditions of reclassification concerning the proposed boundary amendment; (2) All parties shall sign the proposed stipulation as to any or all testimony, exhibits, 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 at least fourteen business days prior to the hearing date; (3) At the hearing, the commission may approve or deny the proposed stipulation and proposed decision and order in whole or in part, 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 comb 8/16/97; comp 5/8/00; am and comm NOV 0 2 2013 ] (iuth: HRS §205-i, 205-7) (Imp: HRS @205-4) 15-15-57 Prehearing conference; exchange of exhibits; preheating conference order. (a) The chairperson, presiding officer, or the executive officer shall be authorized to hold one or more prehearing conferences with the parties for the purpose of identifying the issues, identifying the positions of the pasties, 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 46 of the hearing. No motions and decisions on substantive matters shall occur at the prehearing conference. (b) The chairperson, presiding officer, or the executive officer may issue a preheating 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 additiona! 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 rebutta! purposes, or by stipulation of the parties with the permission of the commission. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 22813 ] (Auth: HRS §ÿ205-i, 205-7) (Imp: HRS @§91-2, 205-4)