Haw. Code R. § 19-42-57.1 - Rules of evidence
The administrative hearing 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. In administrative hearings:
(1) Any oral or documentary evidence may be
received, but the department shall as a matter of policy provide for the
exclusion of irrelevant, immaterial, or unduly repetitious evidence and no
sanction shall be imposed or rule or order be issued except upon consideration
of the whole record or such portions thereof as may be cited by any party and
as supported by and in accordance with the reliable, probative, and substantial
evidence. The department shall give effect to the rules of privilege recognized
by law.
(2) Documentary evidence
may be received in the form of copies or excerpts, if the original is not
readily available; provided that upon request parties shall be given an
opportunity to compare the copy with the original.
(3) Every party shall have the right to
conduct cross-examination as may be required for a full and true disclosure of
the facts, and shall have the right to submit rebuttal evidence at the time of
hearing.
(4) Except as otherwise
provided by law, the party initiating the proceeding shall have the burden of
proof by a preponderance of the evidence which includes the burden of producing
evidence as well as the burden of persuasion.
Notes
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