Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-41 - Disclosure

Universal Citation: HI Admin Rules 12-46-41

Current through August, 2024

(a) A copy of the investigation report, in order to be admitted at hearing, shall be provided to respondent not later than seven days prior to the hearing. If a copy of the investigation report is not provided to respondent, the report shall not be permitted to be introduced at the hearing.

(b) Any party, by timely written demand filed with the hearings examiner, and served upon any other party, may request of another party to the proceeding, the full disclosure of:

(1) The identity of all witnesses to be called by the party, including their addresses and phone numbers, if known;

(2) The identity of all persons, including their addresses and phone numbers, known by the party to have material knowledge relevant to the proceeding; and

(3) All documents to be introduced at the hearing. The requesting party shall have the right to examine the documents and make copies thereof.

(c) All demands for disclosure are standing demands and the party to whom the demand is directed shall be under a duty to disclose the information requested as and when it becomes available.

(d) The information requested shall be disclosed to the requesting party at least seven days prior to the hearing. The failure to comply with disclosure requirements may result in the evidence subject to the disclosure request not being permitted to be introduced at the hearing.

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