Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS › Section 11-271-122 - Evidence

Current through June, 2024
(a) General. The hearing officer shall admit
				  all evidence which is not irrelevant, immaterial, unduly repetitious, or
				  otherwise unreliable or of little probative value, except that evidence
				  relating to settlement which would be excluded in the State courts under Rule
				  408 of the Hawaii Rules of Evidence, chapter 626, Hawaii Revised Statutes, is
				  not admissible. In the presentation, admission, disposition, and use of
				  evidence, the hearing officer shall preserve the confidentiality of trade
				  secrets and other commercial and financial information. The confidential or
				  trade secret status of any information shall not, however, preclude its being
				  introduced into evidence. The hearing officer may make such orders as may be
				  necessary to consider such evidence in camera, including the preparation of a
				  supplemental initial decision to address questions of law, fact, or discretion
				  which arise out of that portion of the evidence which is confidential or which
				  includes trade secrets.
(b)
				  Examination of witnesses. Witnesses shall be examined orally, under oath,
				  except as otherwise provided in the rules of this subchapter. Parties shall
				  have the right to cross-examine a witness who appears at the hearing provided
				  that such cross- examination is not unduly repetitious.
(c) Verified statement. The hearing officer
				  may admit an insert into the record as evidence, in lieu of oral testimony,
				  statements of fact or opinion prepared by a witness. The admissibility of the
				  evidence contained in the statement shall be subject to the same rules as if
				  the testimony were produced under oral examination. Before any such statement
				  is read or admitted into evidence, the witness shall deliver a copy of the
				  statement to the hearing officer, the reporter, if any, and opposing counsel.
				  The witness presenting the statement shall swear to the statement and shall be
				  subject to appropriate oral cross-examination upon the contents
				  thereof.
(d) Admission of
				  affidavits where the witness is unavailable. The hearing officer may admit into
				  evidence affidavits of witnesses who are unavailable. The term "unavailable"
				  shall have the meaning accorded to it by Rule 804(a) of the Hawaii Rules of
				  Evidence, chapter
				  626, Hawaii Revised
				  Statutes.
(e) Exhibits. Where
				  practicable, an original and one copy of each exhibit shall be filed with the
				  hearing officer for the record and a copy shall be furnished to each party. A
				  true copy of any exhibit may be substituted for the original.
(f) Official notice. Official notice may be
				  taken of any matter judicially noticed in the State courts and of other facts
				  within the specialized knowledge and experience of the department. Opposing
				  parties shall be given adequate opportunity to show that such facts are
				  erroneously noticed.