Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 7 - AGENCY HEARING AND POST HEARING PROCEDURES › Section 15-15-63 - Evidence

Current through June, 2024
(a) In contested cases, evidentiary
				  requirements shall be controlled by this section.
(b) Any oral or documentary evidence may be
				  received, but the commission shall as a matter of policy provide for the
				  exclusion of irrelevant immaterial, or unduly repetitious evidence and no
				  sanction shall be imposed or rule or order be issued except upon consideration
				  of the whole record or such portions thereof as may be cited by any party and
				  as supported by and in accordance with the reliable, probative, and substantial
				  evidence. The commission shall give effect to the rules of privilege recognized
				  by law. Neither the commission nor a hearings officer is bound by the common
				  law rules relating to the admission or rejection of evidence.
(c) The presiding officer shall rule on the
				  admissibility of all evidence. The rulings may be reviewed by the commission in
				  determining the matter on its merits. In extraordinary circumstances, where
				  prompt decision by the commission is necessary to promote justice, the
				  presiding officer may refer the matter to the commission for
				  determination.
(d) When objections
				  are made to the admission or exclusion of evidence, the objecting party shall
				  briefly state the grounds relied upon. Formal exceptions to rulings are
				  unnecessary and need not be taken.
(e) An offer of proof for the record shall
				  consist of a statement of the substance of the evidence to which objection has
				  been sustained.
(f) With the
				  approval of the presiding officer, a witness may read into the record the
				  testimony of a witness on direct examination. Before any written testimony is
				  read, unless excused by the presiding officer, the witness shall provide an
				  original and one paper copy and one electronic copy of the written testimony to
				  the chief clerk, with a copy to each party to the proceeding. 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
				  written testimony may be received into evidence without reading, provided that
				  the witness shall be subject to proper cross-examination on matters contained
				  in the written testimony. Any amendments to written direct and rebuttal
				  testimony, or the introduction of totally new matters by revisions or
				  supplements shall be accompanied by a sworn affidavit or declaration explaining
				  why these matters were not submitted with the original written testimony.
(g) Documentary evidence may be
				  received in the form of copies or excerpts if the original is not readily
				  available; provided that upon request parties shall be given an opportunity to
				  compare the copy with the original.
(h) Exhibits shall be legible and may be
				  prepared on paper not exceeding
				  8-1/2 x 11
				  inches in size or bound or folded to the respective approximate size, where
				  practical. Where practicable, sheets of each exhibit shall be numbered and data
				  and other figures shall be set forth in tabular form. When exhibits are offered
				  in evidence, the party shall furnish the original, one paper copy and one
				  electronic copy of the exhibits to the chief clerk with a copy to each party to
				  the proceeding, unless copies have been previously furnished or the presiding
				  officer directs otherwise. The number and format of copies required under this
				  section may be modified by order of the commission.
(i) A party may use maps or other
				  demonstrative exhibits as evidence provided the parties submit the number of
				  legible copies as may be required by the presiding officer. The commission
				  shall not permit the introduction of or testimony from any visual aid not
				  introduced as evidence.
(j) If any
				  matter contained in the petition or in a document filed as a public record with
				  the commission is offered in evidence, unless directed otherwise by the
				  presiding officer, the document need not be produced as an exhibit, but may be
				  received in evidence by reference, provided that the particular portions of the
				  document are specifically identified and are otherwise competent, relevant, and
				  material. If testimony in proceedings other than the one being heard is offered
				  in evidence, a copy shall be presented as an exhibit, unless otherwise ordered
				  by the presiding officer.
(k) The
				  commission may take official notice of matters as may be judicially noticed by
				  the courts of the State of Hawaii. Official notice may also be taken of
				  generally recognized technical or scientific facts within the commission's
				  specialized knowledge when partiesare given notice either before or during the
				  hearing of the material so noticed and afforded the opportunity to contest the
				  facts so noticed.
(l) At the
				  hearing, the presiding officer may require the production of further evidence
				  through testimony or exhibits upon any issue. The presiding officer may
				  authorize the filing of specific documentary evidence as a part of the record
				  after the close of the hearing, subject to the rights of the parties to request
				  reopening of the hearing within a specified time after the receipt of such
				  evidence, or may keep the hearing open until such time as evidence is received
				  by the commission. Upon agreement of the parties, the presiding officer may
				  authorize the filing of specific documentary evidence as a part of the record
				  within a fixed time after submission, reserving an exhibit number therefor, but
				  the hearing shall remain open. The presiding officer is authorized to close the
				  hearing when the exhibit is received, provided that there is no objection from
				  any party, and no request to cross-examine by any party or a request to answer
				  questions by a commissioner.