Haw. Code R. § 5-34-16 - Evidence; discovery; admissibility criteria

(a) All relevant and material evidence is admissible which, in the opinion of the hearings officer, is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness. In ruling upon the admissibility of evidence, the hearings officer shall give consideration to, but shall not be bound by, the rules of evidence governing civil proceedings.

(b) Documentary evidence may be received in the form of copies and excerpts or incorporated by reference; provided that, upon request, all other parties to the proceedings shall be given an opportunity to compare the copy with the original.

(c) The hearings officer shall give effect to the privileges recognized by law, and may take notice of judicially recognizable facts and of generally recognized technical or scientific facts.

(d) Every party shall have the right to cross-examine witnesses and to submit rebuttal evidence.

(e) When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The hearings officer may use discretion to exclude inadmissible or cumulative evidence. Parties objecting to the introduction of evidence shall state the precise ground of objection at the time the evidence is offered.

(f) Except as otherwise provided by law, the burden of proof shall be upon the party initiating the proceeding. Proof of a matter shall be by a preponderance of the evidence.

(g) Every party shall provide to the other parties copies of all documents intended to be offered or used as evidence.

Notes

Haw. Code R. § 5-34-16

[Eff 2/13/89; am and comp OCT 31, 1991; am and comp DEC 24 2001] (Auth: HRS §§ 91-2, 91-10, 576E-9, 576E-10) (Imp: HRS §§ 91-2, 91-10, 576E-9, 576E-10)