Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 197 - PRACTICE AND PROCEDURE BEFORE THE HAWAII HISTORIC PLACES REVIEW BOARD › Subchapter 4 - CONTESTED CASE PROCEEDINGS › Section 13-197-17 - Evidence

Current through June, 2024
(a) The presiding officer may exercise
				  discretion in the admission or rejection of evidence and the exclusion of
				  immaterial, irrelevant, or unduly repetitious evidence as provided by law with
				  a view to doing substantial justice.
(b) The presiding officer shall rule on the
				  admissibility of all evidence. The rulings may be reviewed by the review board
				  in determining the matter on its merits.
(c) When objections are made to the admission
				  or exclusion of evidence, the grounds relied upon shall be stated briefly.
				  Formal exceptions to rulings are unnecessary and need not be taken.
(d) An offer of proof for the record shall
				  consist of a statement of the substance of the evidence to which objection has
				  been sustained, or the submission of the evidence itself.
(e) With the approval of the presiding
				  officer, a witness may read testimony into the record on direct examination.
				  Before any prepared testimony is read, unless excused by the presiding officer,
				  the witness shall deliver copies thereof to the presiding officer and all
				  counsel parties. Admissibility shall be subject to the rules governing oral
				  testimony. If the presiding officer deems that substantial saving in time will
				  result, a copy of the prepared testimony may be received in evidence without
				  reading, provided that copies thereof shall have been served upon all parties
				  and the presiding officer five days before the hearing or if prior service is
				  waived, permit proper cross examination of the witnesses on matters contained
				  in the prepared testimony.
(f) If
				  relevant and material matter is offered in evidence in a document containing
				  other matters, the party offering it shall designate specifically the matter so
				  offered. If the other matter in the document would burden the record, at the
				  discretion of the presiding officer, the relevant and material matter may be
				  read into the record or copies of it received as an exhibit. Other parties
				  shall be afforded opportunity at that time to examine the document, and to
				  offer in evidence other portions believed material and relevant.
(g) Exhibits shall be prepared as follows:
(1) Documents, pleadings, correspondence, and
				  other exhibits shall be legible and shall be prepared on paper either
				  8-1/2 x 13
				  inches or
				  8-1/2 x 11
				  inches in size. Charts and other oversize exhibits shall be bound or folded to
				  the respective approximate size, where practical. Wherever practicable, sheets
				  of each exhibit shall be numbered and data and other figures shall be set forth
				  in tabular form.
(2) When exhibits
				  are offered in evidence, the original and twelve copies, unless otherwise
				  waived by the board, shall be furnished to the presiding review officer or the
				  review board's use with adequate copies for review by other parties, unless the
				  copies have been previously furnished or the presiding officer directs
				  otherwise.