Rule 4.1 - Hearing Officer or Panel(a) The Chairperson may appoint a hearing officer or a hearing panel of up to three (3) Board members to consider an applicant's request for review of the Board's, Board committee's or its designee's recommendation to deny an application on character and fitness grounds or deny or modify a request for accommodations. If a panel is appointed, the Chairperson shall designate a chairperson of the panel to preside at the hearing. The hearing panel or officer shall be appointed no later than 60 days after the applicant's request for review was received by the Clerk.(b) The Chairperson may appoint an attorney to represent the ARC or ADA committee before the hearing officer or panel. (c) Hearing officers or panel members shall receive no compensation for their services, but may be reimbursed for travel and other expenses incidental to the performance of their duties.(d) The hearing officer or panel shall schedule the hearing. The hearing may occur after the Hawai'i Bar Examination is administered, but shall commence no more than 180 days after the applicant's request for review was received by the Clerk, unless the hearing officer or panel extends the time at the request of the applicant for good cause. The Clerk shall notify the applicant, in writing of the time and place of the hearing, that the applicant may be represented by counsel and present such witnesses as the applicant may choose, and that the applicant must submit the applicant's witnesses and exhibit lists no later than ten days before the hearing.(e) A hearing officer, hearing panel member, judiciary staff member, or the Clerk may administer oaths and affirmations for any hearing held pursuant to these Rules.(f) The hearing officer or panel shall not be bound by the rules of evidence. Any oral or documentary evidence may be received, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. The hearing officer or panel shall give effect to the rules of privilege recognized by law and may take notice of judicially recognizable facts.(g) The applicant bears the burden of proof by a preponderance of evidence. (h) A hearing officer's or panel's recommendation shall be based upon consideration of the whole record and supported by the reliable, probative and substantial evidence in the record.Haw. Bd. Bar Exam. R. P. 4.1
Amended May 4, 2012, effective 7/1/2012.