HAR §16-201-25. Ex parte communications

(a) In any proceeding before the authority: (1) Neither the department nor any person, either in private or public life, shall communicate privately on the merits of the case with any member of the authority, the authority’s staff or with the hearings officer designated to hear and decide the matter unless specifically provided for by law; and (2) No member of the authority’s staff or any other government agency who participates in the hearing as a witness or counsel shall privately communicate on the merits of the case with any member of the authority or with the hearings officer designated to hear and decide the matter, unless specifically provided for by law. (b) It shall be improper for the department or any person interested in a proceeding to seek to influence the judgment of the authority or hearings officer. (c) Except as otherwise provided herein, it shall be improper for the department: (1) To disclose or reveal to any member of the authority or hearings officer designated to hear and decide the matter the contents of any investigatory report concerning the matter before the authority or hearings officer; or (2) To furnish the report or a copy thereof to any member of the authority or hearings officer designated to hear and decide the matter. (d) Nothing in this subsection, which is intended to prohibit the ex parte disclosure of the investigatory report, shall prohibit the introduction of the report at the hearing pursuant to and in conformance with sections 16-201-29 and 16-201-32. [Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§91-2, 26-9) (Imp: HRS §§91-9, 91-2, 26-9) - 13 - Subchapter 2 HEARING RELIEF