2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 3. LEGISLATURE
21. Legislative Hearings and Procedure
§21-12 Testimony. (a) An investigating committee shall cause a record to be made of all proceedings in which testimony or other evidence is demanded or adduced, which record shall include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn written statements submitted to the committee, and such other matters as the committee or its chairperson may direct.
(b) All testimony given or adduced at a hearing shall be under oath or affirmation unless the requirement is dispensed with in a particular instance by majority vote of the committee members present at the hearing.
(c) The president or speaker or other presiding officer of either house of the legislature or any member of an investigating committee may administer an oath or affirmation to a witness at a hearing of such committee.
(d) The presiding officer at a hearing may direct a witness to answer any relevant question or furnish any relevant book, paper, or other document, the production of which has been required by subpoena duces tecum. Unless the direction is overruled by majority vote of the committee members present, disobedience shall constitute a contempt.
(e) A witness at a hearing or the witness' counsel, with the consent of a majority of the committee members present at the hearing, may file with the committee for incorporation into the record of the hearing sworn written statements relevant to the purpose, subject matter, and scope of the committee's investigation or inquiry.
(f) A witness at a hearing, upon the witness' advance request and at the witness' own expense, shall be furnished a certified transcript of the witness' testimony at the hearing.
(g) Testimony and other evidence given or adduced at a hearing closed to the public shall not be made public unless authorized by majority vote of all of the members of the committee, which authorization shall also specify the form and manner in which the testimony or other evidence may be released.
(h) All information of a defamatory or highly prejudicial nature received by or for the committee other than in an open or closed hearing shall be deemed to be confidential. No such information shall be made public unless authorized by majority vote of all of the members of the committee for legislative purposes, or unless its use is required for judicial purposes. [L 1969, c 211, pt of §1; gen ch 1985, 1993]
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