Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - CONTESTED CASE PROCEEDINGS › Section 13-1-35 - 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 of doing substantial justice.
(b) The presiding officer shall rule on the
				  admissibility of all evidence. The rulings may be reviewed by the 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 such prior service
				  is waived, to 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
				  the 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
				  must be prepared on paper
				  8-1/2 x 11
				  inches in size. Charts and other oversized exhibits must 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 one copy, unless otherwise waived by
				  the board, shall be furnished to the presiding officer for the board's use with
				  adequate copies for review by other parties, unless the copies have been
				  previously furnished or the presiding officer directs otherwise.