Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1736 - PROVIDER PROVISIONS
Subchapter 3 - ADMINISTRATIVE PROCEEDINGS FOR PROVIDER REVIEW
Section 17-1736-64 - Waiver of the right for oral hearing for hospital and institutional providers

Universal Citation: HI Admin Rules 17-1736-64

Current through August, 2024

(a) A provider may request that the hearing officer base the decision solely upon the documentary evidence submitted for the record without an oral hearing or appearance by either party. The request may be made at any time before or during the hearing. A waiver of an oral hearing is valid only if all parties agree with the request and if it is approved by the hearing officer.

(b) Approval of the request shall rest exclusively with the hearing officer.

(c) Where a request has been made and approved, the parties shall file with the hearing officer a written waiver of their right to a personal appearance before the hearing officer. The waiver may be withdrawn by any party with adequate notice to the opposing party and to the hearing officer as specified in section 17-1736-63.

(d) Once a waiver has been withdrawn, as provided in subsection (c), the hearing officer shall promptly notify all parties of the withdrawal and the need for an oral hearing. The hearing shall be held within one hundred eighty calendar days following the date of withdrawal of the waiver.

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