Haw. Code R. § 13-1-35 - Evidence
(a) The presiding officer may exercise
discretion in the admission or rejection of evidence and the exclusion of
immaterial, irrelevant, or unduly repetitious evidence as provided by law with
a view of doing substantial justice.
(b) The presiding officer shall rule on the
admissibility of all evidence. The rulings may be reviewed by the board in
determining the matter on its merits.
(c) When objections are made to the admission
or exclusion of evidence, the grounds relied upon shall be stated briefly.
Formal exceptions to rulings are unnecessary and need not be taken.
(d) An offer of proof for the record shall
consist of a statement of the substance of the evidence to which objection has
been sustained, or the submission of the evidence itself.
(e) With the approval of the presiding
officer, a witness may read testimony into the record on direct examination.
Before any prepared testimony is read, unless excused by the presiding officer,
the witness shall deliver copies thereof to the presiding officer and all
counsel parties. Admissibility shall be subject to the rules governing oral
testimony. If the presiding officer deems that substantial saving in time will
result, a copy of the prepared testimony may be received in evidence without
reading, provided that copies thereof shall have been served upon all parties
and the presiding officer five days before the hearing or if such prior service
is waived, to permit proper cross examination of the witnesses on matters
contained in the prepared testimony.
(f) If relevant and material matter is
offered in evidence in a document containing other matters, the party offering
it shall designate specifically the matter so offered. If the other matter in
the document would burden the record, at the discretion of the presiding
officer, the relevant and material matter may be read into the record or copies
of it received as an exhibit. Other parties shall be afforded opportunity at
the time to examine the document, and to offer in evidence other portions
believed material and relevant.
(g)
Exhibits shall be prepared as follows:
(1)
Documents, pleadings, correspondence and other exhibits shall be legible and
must be prepared on paper
8-1/2 x 11
inches in size. Charts and other oversized exhibits must be bound or folded to
the respective approximate size, where practical. Wherever practicable, sheets
of each exhibit shall be numbered and data and other figures shall be set forth
in tabular form.
(2) When exhibits
are offered in evidence, the original and one copy, unless otherwise waived by
the board, shall be furnished to the presiding officer for the board's use with
adequate copies for review by other parties, unless the copies have been
previously furnished or the presiding officer directs otherwise.
(h) If any matter contained in a
document on file as a government record with the department is offered in
evidence, unless directed otherwise by the presiding officer, the document need
not be produced as an exhibit, but may be received in evidence by reference,
provided that the particular portions of the document are specifically
identified and otherwise competent, relevant, and material. If testimony in
proceedings other than the one being heard is offered in evidence, a copy shall
be presented as an exhibit, unless otherwise ordered by the presiding
officer.
(i) Official notice may be
taken of such matters as may be judicially noticed by the courts of the State
of Hawaii. Official notice may also be taken of generally recognized technical
or scientific facts within the specialized knowledge of the board when parties
are given notice either before or during the hearing of the material so noticed
and afforded the opportunity to contest the facts so noticed.
(j) At the hearing, the presiding officer may
require the production of further evidence upon any issue. Upon agreement of
the parties, the presiding officer may authorize the filing of specific
documentary evidence as a part of the record within a fixed time.
(k) The party initiating the proceeding and,
in the case of proceedings on alleged violations of law, the department, shall
have the burden of proof, including the burden of producing evidence as well as
the burden of persuasion. The quantum of proof shall be a preponderance of the
evidence.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.