Haw. Code R. § 12-46-36 - Evidence at hearing
(a) The
admissibility of evidence at the hearing shall not be governed by the laws of
evidence, and all relevant oral or documentary evidence shall be admitted if it
is the sort 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 examiner shall give
effect to the privileges recognized at law. 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 nonavailability of the original and the reasons therefor shall be
considered by the hearings examiner when considering the weight of the
documentary evidence. The hearings examiner may take notice of judicially
recognizable facts and of generally recognized technical or scientific facts.
The parties, whenever possible, shall be notified before the hearing of the
material to be so noticed and shall be afforded an opportunity at the hearing
to contest the facts so noticed.
(b) Except as otherwise provided by law, the
burden of proof, including the burden of producing the evidence and the burden
of persuasion, shall be upon the party initiating the proceeding. Proof of a
matter shall be by a preponderance of the evidence.
Notes
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