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Hawaii Regulations § 3-161-37 Record

⤴ Up to Subchapter 2: Hearing Relief

Regulation Text

(a) The record shall consist of the following:
(1) All pleadings, motions, intermediate^ and final rulings;
(2) All evidence received or considered including without limitation, oral testimony, exhibits, and matters officially noted by the commission or hearings officer;
(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 commission who conducted the hearing; and
(7) Staff memoranda submitted to the commission 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.
(b) Unless the commission has been notified in writing of a party's request for judicial review within the time permitted for requesting judicial review, the commission 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.

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)

[ Comp 12/1/2016 ] (Auth:HRS §§ 91-2 , 11-314 (8) ) (Imp: HRS §§ 11-314 (7) , 11-407 , 11-408 , 11-409 , 11-410 )

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