§351-14  Hearings and evidence.  Forthose applications that will be heard by the commission, the applicant and thecommission's legal adviser shall be entitled to appear and be heard.  Any otherperson may appear and be heard who satisfies the commission that the person hasa substantial interest in the proceedings.  In any case in which the personentitled to make an application is a child, the application may be made on thechild's behalf by any person acting as the child's parent or guardian.  In anycase in which the person entitled to make an application is mentally defective,the application may be made on the person's behalf by the person's guardian orany other individual authorized to administer the person's estate.

Where, under this chapter, any person isentitled to appear and be heard by the commission, that person may appear inperson or be represented by the person's attorney.  All hearings shall be opento the public, unless in a particular case, the commission determines that thehearing, or a portion thereof, should be held in private, because the offenderhas not been convicted or in the interest of the victim of an alleged sexualoffense.

Every person appearing under this section shallhave the right to produce evidence and to cross-examine witnesses.  Thecommission may receive in evidence any statement, document, information, ormatter that, in the opinion of the commission, may contribute to its functionsunder this chapter, whether or not the statement, document, information, or matterwould be admissible in a court of law.

If any person has been convicted of any offensewith respect to an act or omission on which a claim under this chapter isbased, proof of that conviction, unless an appeal against the conviction or apetition for a rehearing in respect of the charge is pending or a new trial orrehearing has been ordered, shall be taken as conclusive evidence that theoffense has been committed. [L 1967, c 226, pt of §1; HRS §351-14; gench 1985; am L 1993, c 219, §2]

 

Case Notes

 

  Applicability of the administrative procedure act.  54 H.294, 506 P.2d 444.