HAR §12-46-36. Evidence at hearing

(a) The admissibility of evidence at the hearing shall not be governed by the laws of evidence, and all relevant oral or documentary evidence shall be admitted if it is the sort of evidence on which responsible persons t;6-40 ( are accustomed to rely in the conduct of serious affairs. Irrelevant, immaterial, or unduly repetitious material shall not be admitted into evidence. The hearings examiner shall give effect to the privileges recognized at law. Documentary evidence may be received in the form of copies, provided that, upon request, all other parties to the proceeding shall be given an opportunity to compare the copy with the original. If the original is not available, a copy may still be admissible, but the nonavailability of the original and the reasons therefor shall be considered by the hearings examiner when considering the weight of the documentary evidence. The hearings examiner may take notice of judicially recognizable facts and of generally recognized technical or scientific facts. The parties, whenever possible, shall be notified before the hearing of the material to be so noticed and shall be afforded an opportunity at the hearing to contest the facts so noticed. (b) Except as otherwise provided by law, the burden of proof, including the burden of producing the evid~nce and the burden of persuasion, shall be upon the party initiating the proceeding. Proof of a matter shall be by a preponderance of the evidence. [Eff 12/31/90; comp ] (Auth: HRS §§91- 2, 368-3) (Imp: HRS §§91-10, 368-3)