HAR §6-23-44. Use of depositions

(a) A deposition ordered and taken in accordance with section 6-23-42 may be used in a proceeding if the hearing officer finds that the evidence is otherwise admissible and: (1) The witness is dead; (2) The witness is out of the State, unless it appears that the absence of the witness is procured by the party offering the deposition; (3) The witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; (4) The party offering the deposition has endeavored and has been unable to procure the attendance of the witness by subpoena; or (5) Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony orally before the board or hearing officer, to allow the deposition to be made. (b) If any part of the deposition is put in evidence by a party, any other party may require the production of the remainder of any other portions of the deposition. [Eff and comp 11/26/2009; am and comp APR 1· 1 ?0?7 ] (Auth: HRS §§88-28, 91-2) (Imp: HRS §§91.:..2, 91-9, 91-10, 92-16) §6-23-45 Disqualification of board member or hearing officer. (a) No matter shall be heard by a member of the board or by a hearing officer who: (1) Has any direct financial interest in the matter being heard; (2) Has personally and substantially participated: (A) In an investigation relating to the institution of the proceeding; or 23-34 (B) In the development of the evidence to be introduced in the proceeding; or (3) Is related within the third degree by blood or marriage to any party to the proceeding or any party's representative or attorney. (b) A board member or hearing officer may be disqualified from the case upon motion of a party or at the presiding officer's discretion, only upon a preponderance of the evidence showing grounds for disqualification. A motion to disqualify a board member or hearing officer shall be filed and decided prior to the hearing. An order granting or denying a motion to disqualify shall contain separate findings of fact and conclusions of law. [Eff and comp 11/26/2009; comp APR 1 1 JO?? ] (Auth: HRS §§88-28, 91-2) (Imp: HRS §§91-2, · 9 -16)