HAR §20-30.1-6. Rules of evidence; official notice

(a) Any oral or documentary evidence may be received but the board or hearing officer shall as a matter of policy provide for the exclusion of irrelevant, immaterial , or unduly repetitious evidence and no sanction shall be imposed or order be issued except upon consideration o f the whole record or such portions thereo f as may be cited by any party and as supported by and in accordance with the reliable , probative and substantial evidence. The board or 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 1 parties shall be given an opportunity to compare the copy with the original. (c) Every party shall have the right to conduct such 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 board or hearing officer may take notice of judicially recognizable facts. In addition, they may take notice of generally recognized technical or scientific facts within the board's or hearing officer's specialized knowledge; but parties shall be notified either before or during the hearing 1 or by 30.1-5 §20-30.1-6 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 party initiating the proceeding shall have the burden o f 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 documents filed in a contested case , other than evidence, shall conform to the requirements of the board's rules of practice and procedure. In addition, all such documents shall be written in ink, typewritten or printed , shall be plainly legible , shall be o n strong durable paper , not larger than 8- 1;2u x14u 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 OCT 1 3 2022 ] (Auth : HRS §§91-2, 304A-302) (Imp : HRS §§91-2, 91-10, 304A-302)