Haw. Code R. § 20-10-15 - Rules of evidence; official notice
(a) Any oral or
documentary evidence may be received by the hearing officer. The hearing
officer, as a matter of policy, shall provide for the exclusion of irrelevant,
immaterial, or unduly repetitious evidence. No sanction shall be imposed or
order be issued except upon consideration of the whole record or the portions
thereof as may be cited by any party and as supported by and in accordance with
the reliable, probative, and substantial evidence. The hearing officer shall
give effect to the rules of privilege recognized by law.
(b) 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.
(c)
Every party shall have the right to conduct a cross-examination as may be
required for a full and true disclosure of the facts, and shall have the right
to submit rebuttal evidence.
(d)
The hearing officer may take notice of judicially recognizable facts. In
addition, the hearing officer may take notice of generally recognized technical
or scientific facts within the hearing officer's specialized knowledge; but
parties shall be notified either before or during the hearing, or by reference
in preliminary reports or otherwise, of the material so noticed, and they shall
be afforded an opportunity to contest the facts so noticed.
(e) Except as otherwise provided by law, the
debtor contesting the setoff shall have the burden of proof, including the
burden of producing evidence as well as the burden of persuasion. The degree or
quantum of proof shall be a preponderance of the evidence.
(f) Any document filed in a contested case,
other than evidence, shall conform to the requirements of section
20-1.1-11. In
addition, all the documents shall be written in ink, typewritten, or printed,
shall be plainly legible, shall be on strong durable paper, not larger than
8-1/2" x 14"
in size except that tables, charts, and other documents may be larger, folded
to the size of the documents to which they are attached.
Notes
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