Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1402 - HEARINGS
Section 17-1402-11 - The hearing

Universal Citation: HI Admin Rules 17-1402-11

Current through November, 2024

(a) The hearing shall include consideration of:

(1) Any adult and community care services branch adverse action on a claim for social services which includes the department's:
(A) Failure to determine eligibility or make a payment within time limits set by the specific public assistance programs;

(B) Refusal to consider a request for or failure to make a payment adjustment within time limits set by the specific public assistance programs; or

(C) Discontinuance, termination, suspension, withholding, or reduction of the assistance; and

(2) Any adult and community care services branch decision regarding:
(A) Eligibility for public assistance in both initial and subsequent determinations;

(B) Amount of public assistance or change in payment;

(C) The method of payment, including restricted or protective payments; or

(D) Conditions of payment.

(b) The claimant shall be required to appear in person at the hearing unless authorization for an authorized representative was received by the department. When mutually agreed upon by the applicant or recipient and the department, a hearing may be conducted over the telephone. Unless both the department and the claimant agree to the presence of other individuals, the hearing officer or other person conducting the hearing shall limit attendance to the following individuals necessary for the conduct of the hearing:

(1) The claimant, the authorized representative, or both, interpreter, if any, legal counsel, and witnesses;

(2) Representatives of the adult and community care services branch;

(3) Representatives of the social services division; and

(4) Hearing officer and members of the hearing office staff.

(c) An interpreter shall be provided by the department when requested by the claimant.

(d) The claimant or the authorized representative shall, upon request, be able to examine the case record as well as all available documentary evidence that shall be used by the department at the hearing as specified in section 17-1402-5.

(e) The hearing shall be conducted at a reasonable time, date, and place and shall generally be held in the geographic area where the claimant is living at the time of the hearing. The hearing shall be conducted at a location specified by the hearing officer unless the claimant is unable to travel to the site because of health or transportation problems.

(f) The decision of the hearing officer shall be based exclusively on evidence and other material introduced at the hearing. If, after a hearing has begun, additional evidence is necessary for the proper determination of the case, the hearing officer may:

(1) Continue the hearing at a later date. The hearing officer may order further investigation and may direct either party to produce additional evidence; or

(2) Close the hearing and hold the record open for a period not to exceed thirty days to permit the receipt of additional documentary evidence.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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