Haw. Code R. § 12-27-44 - Evidence

(a) Notwithstanding provisions in section 398-24(f), HRS, the admissibility of evidence at a hearing shall not be governed by the laws of evidence, and all relevant oral or documentary evidence shall be admitted if it is the kind of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant, immaterial, or unduly repetitious material shall not be admitted into evidence. The hearings officer shall give effect to the rules of privilege recognized by law.

(b) Documentary evidence may be received in the form of copies, provided that, upon request, all other parties to the proceeding shall be given an opportunity to compare the copy with the original. If the original is not available, a copy may still be admissible, but the unavailability of the original and the reasons therefor shall be considered by the hearings officer when considering the weight of the documentary evidence.

(c) An employer who files an appeal shall bear the burden of proof, including the burden of producing evidence and the burden of persuasion. Proof of a matter shall be by a preponderance of the evidence.

Notes

Haw. Code R. § 12-27-44

[Eff 2/3/05] (Auth: HRS §§ 91-2, 398-11) (Imp: HRS §§ 91-10, 398-24)