HAR §17-1602-11. The hearing

(a) For the hearing, the claimant shall have the burden of proof, including the burden of producing evidence as well as the burden of persuasion; provided that for a hearing to contest the confirmation by the department that an individual is the perpetrator of child abuse or neglect, harm, or threatened harm, pursuant to chapter 350 or 587A, HRS, the department shall have the burden of proof. The degree or quantum of proof in any administrative hearing shall be a preponderance of the evidence, unless otherwise required by law or administrative rule. (b) The claimant shall be required to appear in person at the hearing; provided that the claimant shall not be required to appear in person if authorization for an authorized representative was received by the department, and the claimant delegates the authorized representative to attend in lieu of the claimant. When the authorized representative appears in lieu of the claimant the authorized representative shall be subject to questioning from the department and the hearing officer. Appearing in person may include the claimant's participation by video conference or telephone conference, as specified by the hearing office. (c) Unless both the department and the claimant agree to the presence of other individuals, the hearing officer or other person conducting the hearing shall limit attendance to the following individuals necessary for the conduct of the hearing: (1) The claimant and the claimant's authorized representative, interpreter, legal counsel, and witnesses; 1602-13 3617. §17-1602-11 (2) Representatives of the department, and the department's legal counsel and witnesses; and (3) The hearing officer and members of the hearing office staff. (d) The department shall provide an interpreter when requested by the claimant. (e) At a reasonable time, but no less than five working days prior to the hearing, the claimant or the claimant's authorized representative shall provide to the department all evidence that may be used at the hearing, including the names of witnesses and any person who will attend the hearing and copies of all exhibits, documents, or other tangible evidence. (f) The hearing shall be conducted at a reasonable time, date, and place. The hearing shall be conducted at a location or in a manner specified by the hearing office. (g) Except as provided in subsection (h), the decision of the hearing officer shall be based exclusively on testimony and evidence and other material introduced at the hearing, including judicially recognizable facts, and a review of the applicable statutes and department rules. (h) If, after a hearing has begun, the hearing officer determines that additional time is necessary for the proper determination of the case, the hearing officer may: (1) Continue the hearing to a later date. The hearing officer may order further investigation and may direct either party to produce additional evidence; or (2) Close the hearing but hold the record open for a reasonable time to permit the receipt of additional evidence. [Eff DEC 5 2025] (Auth: HRS §§91-9, 91-10, and 346-14) (Imp: HRS §§91-9, 91-10, and 346-12)