Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS
Section 11-140-10 - Administrative complaint procedures
Current through February, 2024
(a) The administrative complaint resolution process may be used when any individual or Organization, including an individual or Organization from another State, believes that the department or an early Intervention provider has violated a requirement under Part C of the Act.
(b) The department shall widely disseminate its complaint procedures to parents and other interested individuals, parent training centers, protection and advocacy agencies, and other appropriate entities.
(c) The individual or Organization making a complaint shall submit a written signed complaint to the department and it shall include:
(d) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.
(e) The party filing the complaint shall forward a copy of the complaint to the early Intervention provider serving the child at the same time the party files the complaint with the department.
(f) Within sixty days after a complaint has been filed, the department must:
(g) An extension of the sixty day filing period may be permitted if:
(h) If the department has found a failure to provide appropriate Services, the department shall address:
(i) If a written complaint is received that is also the subject of a due process hearing or contains multiple issues of which one or more is part of that hearing, the department shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be resolved using the timeline and procedures described in subsections (f) and (g).
(j) If an issue is raised in a complaint that has previously been decided in a due process hearing involving the same parties:
(k) A complaint alleging the department or early Intervention provider' s failure to implement a due process decision shall be resolved by the department.