Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES
Section 12-24-12 - Prehearing conference

Universal Citation: HI Admin Rules 12-24-12

Current through August, 2024

(a) At any time after the filing of a complaint, but prior to the hearing, the hearing officer may hold a prehearing conference with the parties or their representatives. Any matter not raised at the prehearing conference shall not be allowed during the hearing. Matters to be discussed at the prehearing conference may include but are not limited to the following:

(1) A discussion of the issues raised by the complainant and the explanations and defenses to be presented by the respondent at the hearing;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of obtaining stipulations which will avoid unnecessary proof;

(4) The possibility of a settlement between the parties; and

(5) Other matters that may aid in the disposition of the complaint.

(b) If the complainant and the respondent agree to the terms of a settlement at the prehearing conference, the settlement shall be reduced to writing, signed by the parties, and approved by the hearing officer. If approved, the case will be closed without a finding on the merits of the complaint and a copy of the final prehearing settlement shall be sent by certified mail, return receipt requested, to the complainant and the respondent.

(c) A prehearing settlement shall not affect the processing of any other complaint, including, but not limited to, complaints in which the allegations are like or related to the individual allegations settled.

(d) If a settlement is achieved, no determination will be made as to whether or not reasonable cause exists to believe that the allegations of the complaint are true.

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