Section 11-271-122 - Evidence(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.Haw. Code R. § 11-271-122
[Eff 6/18/94; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §22.22 )