Haw. Code R. § 11-1-38 - Evidence

(a) The hearings officer shall follow section 91-10, Hawaii Revised Statutes, with respect to evidence submitted or objected to in contested case hearings.

(b) The hearings officer shall rule on the admissibility of all evidence.

(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 or at the direction of the hearings officer, a witness may submit written testimony into the record on direct examination. Before any prepared testimony is read or submitted, unless excused by the hearings officer, the witness shall deliver copies thereof to the hearings officer and all counsel or parties. Admissibility shall be subject to the rules governing oral testimony. The hearings officer may order that copies of the prepared testimony be served upon all parties and the hearings officer a set number of days before the hearing to permit proper cross examination of the witnesses on matters contained in the prepared testimony. The hearings officer may order the submission of written direct examination if the officer deems that substantial savings in time will result, or for other good cause.

(f) If relevant and material information is offered in evidence in a document containing other matters, the party offering it shall designate specifically the matter so offered. If the other information in the document would burden the record, at the discretion of the hearings officer, the relevant and material information may be read into the record, or copies of the redacted document 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) If testimony in a proceeding other than the one being heard is offered in evidence, a copy shall be presented as an exhibit, unless otherwise ordered by the hearings officer.

(h) The hearings officer may disregard or strike direct testimony if opposing parties do not have an opportunity for cross-examination.

(i) At the hearing, the hearings officer may require the production of further evidence upon any issue. Upon agreement of the parties, the hearings officer may authorize the filing of specific documentary evidence as a part of the record within a fixed time.

Notes

Haw. Code R. § 11-1-38

[Eff 2/14/2005] (Auth: §§ 91-2, 92-16, 321-9) (Imp: §§ 91-9, 91-10, 92-16)