Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 302 - NONADJUDICATIVE PROCEDURES
Section 16-302-6 - Role of counsel
Current through February, 2024
(a) Any witness compelled to appear in person in an investigational hearing may be accompanied, represented, and advised by counsel.
(b) Counsel for a witness may advise the witness in confidence with respect to any question asked of the witness. If counsel has advised the witness not to answer a question and for this reason the witness refuses to answer a question, then counsel shall briefly state for the record the legal grounds for such refusal.
(c) Where it is claimed that the testimony or other evidence sought from the witness is outside the scope of the investigation, or that to answer the question or to produce the evidence might involve self-incrimination, counsel for the witness may object on the record to the question or requirement to produce documentary evidence, and shall state briefly and precisely the grounds therefor.
(d) Any objection made under subsection (c) will be treated as a continuing objection and will be preserved throughout the further course of the hearing without the necessity of repeating the objection as to any similar line of inquiry.
(e) Counsel for a witness may not interrupt, for any purpose or to any extent not allowed by subsections (b) and (c), the examination of the witness by making any objections or statements on the record.
(f) Counsel for the witness may not examine any witness or request the witness to produce documents or data in addition to that compelled under the subpoena. Counsel for the witness may request a recess for the purpose of asking the presiding official to submit certain questions to the witness or to request the witness to produce documentary evidence or data. The granting of this request shall be discretionary with the presiding official.
(g) Following the completion of the examination of the witness, counsel for the witness may on the record request the presiding official to permit the witness to clarify any of the answers in order that they may not be left equivocal or incomplete on the record. The granting or denial of such request shall be within the sole discretion of the presiding official.
