Current through November, 2024
Section 3-126-65 - Testimony(a) A record shall be made of all oral testimony taken at the hearing.(b) Testimony taken 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.(c) Any party may request that all of the testimony taken at the hearing be taken by a court reporter. The request shall be made in writing, at least ten calendar days before the date of the hearing and shall be within the sole discretion of the hearings officer or the panel to grant or deny. The transcript of the proceeding shall constitute the official record of the testimony taken at the hearing, and shall remain in the possession of the hearings officer. The cost of the transcript shall be paid for by the requesting party. If a party desires a copy of the transcript, the requesting party shall pay the cost of a copy of that transcript.(d) The hearings officer shall make the electronic recording of the testimony available to the parties for use in preparing exceptions to or Statements in support of a proposed decision or recommended order.(e) If judicial review is requested, the hearings officer shall transmit the electronic recording as part of the record on appeal. If a party desires a copy of the electronic recording for their' personal use, the requesting party shall pay the cost of a copy of that electronic recording.(f) Unless the hearings officer has been notified in writing of a party's request for judicial review within the time permitted for requesting the judicial review, the hearings officer, after the time for requesting judicial review has passed, may erase the electronically recorded testimony.[Eff 12/15/95; comp MAY 20 2004] (Auth: HRS §§ 103D-202, 103D-709) (Imp: HRS § 103D-709)