HRS §485A-503
Who must prove an exemption applies
This section says who has to prove that an exemption, exception, preemption, or exclusion applies in cases under this law. In civil or administrative cases, the person claiming it must prove it. In criminal cases, that person only has to present some evidence of it.
everyone
The statute, as written — Evidentiary burden
(a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden to prove the applicability of the claim. (b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden of going forward with evidence of the claim.
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