HAR §20-10-15. Rules of evidence; official notice

(a) Any oral or do cumentary evidence may be received by the hearing officer. The hearing officer, as a matter of policy, shall provide for the exclusio n 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 e vidence 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 10-15 §20-10-15 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. [Eff 5/9/98; am0 <i.O.dl'ffQ~ 2212/12/02; am and comp 3/18/18; am and comp ~I LU ] (Auth: HRS §§26-38, 91-2 , 231-58, 304A-105, 304A-604) (Imp: HRS §§91-2, 91-9 to 91-13, 92-16, 231-53, 304A- 105, 304A-602, 304A-604) §20-10-16 Final decisionmaking for the university in a contested case heari ng. (a) Since the administrative hearing is not presided over by the president or the president ' s designee but rather delegated to a hearing officer, and the president or the president's designee would not have hear d and examined all of the evidence, the final decision for the university shall not be made by the president or the president's designee until the hearing offic e r 's 10- 16 §20-10-16 proposed decision containing a statement of reasons and including a determination of each issue of fact or law necessary to the proposed decision has been served upon the debtor and the claimant. (b) If the debtor is adversely affected by the proposed decision, the debtor shall be afforded an opportunity to file exceptions to the proposed decision and to present written and oral arguments to the president or the president ' s designee. The exceptions shall be in writing and filed with the president or the president 1 s designee not more than fifteen days from the date of the proposed decision. The president or the president' s designee shall provide the aggrieved debtor with an opportunity to present oral arguments at an adjudicatory meeting with the president or the president ' s designee. (c) In rendering the final decision for the university, the president or the president's designee shall personally consider the whole record of the contested case or the portions thereof as may be cited by the parties. No matters outside the record shall be considered by the president or the president's designee in making a decision, except as provided in this chapter. (d) Every decision and order rendered by the president or the president ' s designee shall be in writing and shall be accompanied by separate findings of fact and conclusions of law. (e) Both the debtor and the claimant shall be notified of the president' s or the president ' s designee' s final decision by delivering or mailing a copy of the president ¥s or the president ' s designee ' s final decision and order and accompanying findings and conclusions to each party or to the party's attorney of record. [Eff 5/9/98; comp 12/12/02 ; am and comp 3/18/18; am and comp OCT 1 3 2022] (Auth: HRS §§26-38, 91-2 , 231-58 , 304A-105, 304A-604) (Imp: HRS §§91-2, 91-9 to 91-13 , 92-6 (a) (2) ,. 92-16, 231-53, 304A-105 , 304A-602, 304A-604) 10- 17 §20-10-17 §20-10-17 Consultation by decisionmaking officials; e x part e communication prohibited. At no time after the filing of the written request for a contested case hearing shall any hearing officer, the president or the president's designee who renders a decision in an administrative contested case, or any other person who is likely to advise these officials in the decision on the contested case, discuss ex parte any issue of fact or the merits of the contested case with any interested person not performing a decisionrnaking function, except by giving notice to both the debtor and claimant providing an opportunity for all parties to participate in the discussion. This prohibition shall not apply to consultations required for the disposition of ex parte matters authorized by law or to consultations with the decisionmakers' legal counsel covered by the attorney- client privilege. [Eff 5/9/98; comp 12/12/02; am and comp 3/18/18; comp OCT 1 3 2022 ] (Auth: HRS §§26- 38, 91-2, 231-58, 304A-105, 304A-604) (Imp: HRS §§91- 2, 91-9 to 91-13, 92-16, 231-53, 304A-105, 304A-602, 304A-604)