§91-13 - Consultation by officials of agency.
§91-13 Consultation by officials of agency.
No official of an agency who renders a decision in a contested case shall
consult any person on any issue of fact except upon notice and opportunity for
all parties to participate, save to the extent required for the disposition of
ex parte matters authorized by law. [L 1961, c 103, §13; Supp, §6C-13; HRS
§91-13]
Attorney General Opinions
A division chief acting as
a hearings officer must comply with this section, and may not consult any
person in or outside of the division on any issue of fact, with the exception
of ex parte matters authorized by law. Att. Gen. Op. 98-6.
Case Notes
Where director's violation
of this section by consulting materials and individuals outside the record did
not prejudice appellant's substantial rights, harmless error. 87 H. 217, 953
P.2d 1315.