Section 17-1736-66 - Conduct of hearing for hospital and institutional providers(a) The hearing shall be conducted by an impartial hearing officer appointed by the DHS director. Before conducting the hearing, the hearing officer shall become familiar with sections 84-1 to 84-19, HRS, and the published opinions of the State's ethics commission and determine that participation as an administrative hearing officer shall not create conflicts of interest or ethical violations.(b) Testimony shall be taken only on oath or affirmation and the testimony shall be subject to sections 710-1060, 710-1061, and 710-1062, HRS.(c) Each party may: (1) Call and examine witnesses;(2) Introduce exhibits into evidence;(3) Cross-examine witnesses called by the other party;(4) Object to the presentation of any evidence deemed by the party to be not properly admitted;(5) Present rebuttal evidence to the opposing party's case-in-chief; and(6) Present an opening statement to the hearing officer before the taking of evidence, and a closing argument to the hearing officer at the conclusion of the taking of evidence.(d) The hearing officer shall not require strict adherence to any rules of evidence. The hearing officer shall admit all evidence having any bearing on the hearing including, but not limited to, testimony, documents, photographs, opinions, objects, or diagrams. The hearing officer may allow the presentation of hearsay evidence, allow cross-examination beyond the scope of direct examination, and allow the party calling a witness to cross-examine or impeach that witness. Rulings on evidence made by the administrative hearing officer shall not be subject to appeal.(e) The hearing officer may ask questions of any witness or request production of evidence by any party to the hearing.(f) The administrative hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence as provided in section 91-10(1), HRS.(g) In administrative hearings, the provider shall have the burden of proof, including the burden of producing evidence as well as the burden of persuasion. The amount of proof necessary to prevail shall be a preponderance of the evidence in accordance with section 91-10(5), HRS.Haw. Code R. § 17-1736-66
[Eff 08/01/94] (Auth: HRS § 346-14) (Imp: HRS §91.10; 42 C.F.R. §447.258 )