Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW
Subchapter 3 - HEARING OF APPEAL
Section 12-27-41 - Prehearing conference

Universal Citation: HI Admin Rules 12-27-41

Current through August, 2024

(a) At any time after the filing of an appeal by the employer, but prior to a hearing, the hearings officer may hold a prehearing conference with the parties.

(b) 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 department and the explanations and defenses to be presented by the parties 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 case.

(c) If the parties 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 hearings officer. If approved, the case will be dismissed without a finding on the merits of the complaint and a copy of the final prehearing settlement shall be sent by mail to the complainant and the employer.

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

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