Haw. Code R. § 20-41-25 - Hearing processes

(a) The hearing shall be of an informal nature and need not adhere strictly to technical rules followed by the courts of law.

(b) Open hearings will be held or, upon request of the recipient, restricted open hearings or closed hearings will be held. Public attendance at a restricted open hearing may be limited to representatives of the press.

(c) The recipient may request a closed hearing. Such a request shall be received in writing by the hearing officer at least two calendar days in advance of the date set for the hearing. In this event only the following individuals will be admitted to the hearing room: the hearing officer; the recipient alleged to have violated a rule and the recipient's counsel, if any; a recorder; the person bringing the allegation and counsel, if any; witnesses; and the attorney general or other attorney to advise the hearing officer on questions of law and procedure. Witnesses shall only be present during the hearing for the purpose of giving testimony and responding to questions addressed to them.

(d) The recipient shall be afforded due process.

(1) The recipient may be assisted by an advisor or attorney. If the recipient does intend to have an advisor or attorney present, the hearing officer must be advised in writing of this intention as well as provided with the person's-name at least two calendar days prior to the hearing.

(2) Each party has a right to present evidence and witnesses, to hear and to question witnesses, to question those accusing him, and to present rebuttal evidence. If the recipient testifies in his own defense, he must submit to questioning.

(3) The hearing officer shall operate on the principle that the person is innocent until proven guilty with the burden of proof resting upon the person bringing the allegation.

(4) The guilt or innocence of the recipient shall be determined solely upon matters that have been introduced into evidence at the hearing proceedings.

(5) No sanction may be imposed unless the allegation has been proven by a preponderance of the evidence 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.

(6) During the hearing and while review and any appeal are pending, the recipient shall enjoy the same status held prior to the allegation.

(e) While strict rules of legal evidence need not be adhered to, the hearing officer may exclude or terminate irrelevant or unduly repetitious evidence or testimony, or do both. The hearing officer shall give effect to the rules of privilege recognized by law. The hearing officer may seek the advice of the attorney general or other attorney in making any ruling and may recess the hearing for this purpose. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available; provided that, upon request the recipient shall have the opportunity to compare the copy with the original. 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 his specialized knowledge; but the recipient and the administrative officer 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.

(f) Tape recordings of all testimony, other evidence, and the abstract of the hearing shall be maintained by the hearing officer.

(g) The recipient shall be provided, on request, an abstract of the proceedings of the hearing and shall have access to a verbatim tape recording of the hearing, or a transcript of the recording if requested for purposes of rehearing or court review.

Notes

Haw. Code R. § 20-41-25

[Eff. JUN 22 1981] (Auth: HRS § 305H-2) (Imp: HRS § 305H-2)