HAR §15-15-56
HAR §15-15-56. Stipulations
Cite as Haw. Code R. § 15-15-56
All parties may enter
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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
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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)