Hawaii Regulations § 3-161-36 Testimony

Regulation Text

(a) A record shall be made of all oral testimony taken at the hearing.

(b) Testimony taken at the hearing may be electronically recorded and need not be transcribed. Unless otherwise provided, the cost of the transcription of the electronic recording of the testimony shall be paid by the requesting party.

(c) Any party may request that all of the testimony taken at the hearing be taken by a court reporter. The request shall be made in writing, atleast ten days before the date of the hearing and shall be within the sole discretion of the hearings officer or the commission to grant or deny. The transcript of the proceeding shall constitute the official record of the testimony taken at the hearing, and shall remain in the possession of the hearings officer or the commission. The cost of the court reporting services and transcript shall be paid for by the party requesting the services of the court reporter. If another party desires a copy of the transcript, the party requesting a copy shall pay the cost of a copy of that transcript.

(d) Upon request, the commission or hearings officer shall make the electronic recording of the testimony available to the parties for use in preparing exceptions to or statements in support of a proposed decision or recommended order.

(e) If judicial review is requested, the commission or hearings officer shall cause a transcript of the hearing to be prepared if requested as part of the record on appeal. The party seeking judicial review shall pay for the cost of transcribing the electronic recording of the proceeding. If another party desires a copy of the transcript for their personal use, that party shall pay the cost of a copy of that transcript.

(f) Unless the commission has been notified in writing of a party's request for judicial review within the time permitted for requesting the review, the commission or hearings officer, after the time for requesting judicial review has passed, may erase the electronically recorded testimony. Where by statute judicial review is by trial de novo, a transcript need not be prepared unless expressly requested and paid for by the requesting party.

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS§§ 91-2 , 91-9 , 91-9.5 , 91-10 , 91-11 , 91-12 , 91-13 , 11-193, 11-216, 11-228, 11-229)

[ Am and Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS §§ 11-314 (7) , 11-407 , 11-408 , 11-409 , 11-410 )

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