Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-43 - Testimony at hearing

(a) Testimony adduced at the hearing may be electronically recorded and need not be transcribed. Unless otherwise provided, the cost of the transcription of the electronic recording of the testimony shall be paid by the requesting party.

(b) Any party may request that all of the testimony adduced at the hearing be taken by a court reporter. The request shall be made prior to the date of the hearing and shall be within the sole discretion of the hearings examiner to grant or deny. The transcript of the proceeding shall constitute the official record of the testimony adduced at the hearing, and shall remain in the possession of the hearings examiner or commission. The cost of the transcript shall be paid for by the requesting party. If a party desires a copy of the transcript for the party's personal use, the requesting party shall pay the cost of a copy of that transcript.

(c) The hearings examiner shall make the electronic recording of the testimony available to the parties for use in preparing exceptions to a proposed decision or recommended decision.

(d) If judicial review is requested, the commission shall cause a transcript of the hearing to be prepared if requested as part of the record on appeal. If a party desires a copy of the transcript for their personal use, the requesting party shall pay the cost of a copy of that transcript.

(e) Unless the commission has been notified in writing of a party's request for judicial review within the time permitted for requesting the review, the commission, after the time for requesting judicial review has passed, may destroy the electronically recorded testimony. A transcript need not be prepared unless expressly requested and paid for by the requesting party.