HAR §16-201-32
HAR §16-201-32. Record
Cite as Haw. Code R. § 16-201-32
(a) The record shall consist of the following:
(1)
All pleadings, motions, and intermediate rulings;
(2)
All evidence received or considered, including without limitation, oral
testimony, exhibits, and matters officially noted by the authority or hearings
officer;
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(3)
All offers of proof and rulings thereon;
(4)
All proposed findings and exceptions;
(5)
The recommended decision of the hearings officer who presided at the
hearing, if the hearing was held before a hearings officer;
(6)
Any report of the hearings officer or of the member of the authority who
conducted the hearing;
(7)
Staff memoranda submitted to the members of the authority in connection
with consideration of the case, provided first, that the memoranda have also
been timely provided to parties to the proceeding, and the parties have been
permitted an opportunity at the hearing to rebut the memoranda; and
(8)
The investigation report, when the report has been made part of the record,
after having been provided to all parties and admitted at the hearing pursuant
to section 16-201-29.
(b) Unless the authority has been notified in writing of a party’s request for judicial
review within the time permitted for requesting judicial review, the authority or hearings
officer, after the time for requesting judicial review has passed, may cause exhibits to be
returned to the party introducing the exhibits or if the party does not wish their return, order
the disposal or destruction of the exhibits. [Eff 7/11/81; am and comp 1/25/85; am and comp
7/6/90] (Auth: HRS §§91-2, 26-9) (Imp: HRS §§91-2, 91-9, 26-9)