Section 11-271-119 - Prehearing conference(a) Purpose of prehearing conference. Unless a conference appears unnecessary, the hearing officer, at any time before the hearing begins, shall direct the parties and their counsel or other representatives to appear at a conference before him to consider: (1) The settlement of the case;(2) The simplification of issues and stipulation of facts not in dispute;(3) The necessity or desirability of amendment to pleadings;(4) The exchange of exhibits, documents, prepared testimony, and admissions or stipulations of fact which will avoid unnecessary proof;(5) The limitation of the number of expert or other witnesses;(6) Settling a time and place for the hearing; and(7) Any other matters which may expedite the disposition of the proceeding.(b) Exchange of witness lists and documents. Unless otherwise ordered by the hearing officer, each party at the prehearing conference shall make available to all other parties (1) the names of the expert and other witnesses he intends to call, together with a brief narrative summary of their expected testimony, and (2) copies of all documents and exhibits which each party intends to introduce into evidence. Documents and exhibits shall be marked for identification as ordered by the hearing officer. Documents that have not been exchanged and witnesses whose names have not been exchanged shall not be introduced into evidence or allowed to testify without permission of the hearing officer. The hearing officer shall allow the parties reasonable opportunity to review new evidence.(c) Record of the prehearing conference. No transcript of a prehearing conference relating to settlement shall be made. With respect to other prehearing conferences, no transcript of any prehearing conferences shall be made unless ordered by the hearing officer upon motion of a party or sua sponte. The hearing officer shall prepare and file for the record a written summary of the action taken at the conference. The summary shall incorporate any written stipulations or agreements of the parties and all rulings and appropriate orders containing directions to the parties.(d) Location of prehearing conference. The prehearing conference shall be held in the county where the respondent resides or conducts the business which the hearing concerns, unless the hearing officer determines that there is good cause to hold it at another location or by telephone.(e) Unavailability of a prehearing conference. If a prehearing conference is unnecessary or impracticable, the hearing officer, on motion or sua sponte, may direct the parties to correspond with him to accomplish any of the objectives set forth in this section.(f) Other discovery. (1) Except as provided by subsection (b) of this section, further discovery, under this section, shall be permitted only upon determination by the hearing officer: (i) That such discovery will not in any way unreasonably delay the proceeding;(ii) That the information to be obtained is not otherwise obtainable; and(iii) That such information has significant probative value.(2) The hearing officer shall order depositions upon oral questions only upon a showing of good cause and upon a finding that: (i) The information sought cannot be obtained by alternative methods; or(ii) There is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing.(3) Any party to the proceeding desiring an order of discovery shall make a motion therefor. Such a motion shall set forth: (i) The circumstances warranting the taking of the discovery;(ii) The nature of the information expected to be discovered; and(iii) The proposed time and place where it will be taken. If the hearing officer determines that the motion should be granted, he shall issue an order for the taking of such discovery together with the conditions and terms thereof.(4) When the information sought to be obtained is within the control of one of the parties, failure to comply with an order issued pursuant to this subsection may lead to (i) the inference that the information to be discovered would be adverse to the party from whom the information was sought, or (ii) the issuance of a default order under subsection 11-271-117(a).Haw. Code R. § 11-271-119
[Eff 6/18/94; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §22.19 )