Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-60 - 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 toward serving the interests of justice.
(b) The presiding officer shall rule on the
				  admissibility of all evidence.
(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 appeals panel and all parties.
				  Admissibility shall be subject to the rules governing oral testimony.
(f) If the presiding officer deems that
				  substantial saving in time will result, a copy of the prepared testimony may be
				  received into evidence without reading, provided that copies thereof shall have
				  been served upon all parties, the presiding officer, and all members of the
				  appeals panel, not less than five days prior to the beginning of the contested
				  case hearing, or if prior service is waived, permit cross examination of the
				  witness on matters contained in the prepared testimony.
(g) If a relevant and material matter is
				  offered into 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 into evidence,
				  other portions believed material and relevant.
(h) Exhibits shall be prepared as follows:
(1) Documents, pleadings, correspondence, and
				  other exhibits shall be legible and shall be prepared on paper 81/2x11 inches
				  in size. Charts and other oversize exhibits shall be bound or folded to the
				  appropriate size. Wherever practicable, sheets of each exhibit shall be
				  numbered and data and other figures shall be set forth in tabular form;
				  and
(2) When exhibits are offered
				  in evidence, the original and nine copies, unless otherwise waived by the
				  appeals panel, shall be furnished to the presiding officer for the appeal panel
				  and the department's use with adequate copies for review by other parties,
				  unless the copies have been previously furnished or the presiding officer
				  directs otherwise.