Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF
Section 17-2-8 - Departmental action
Universal Citation: HI Admin Rules 17-2-8
Current through August, 2024
(a) Upon the filing of the request, the department shall determine whether or not to proceed.
(b) If the department decides to proceed, it shall set the matter for further proceedings before a hearing officer, pursuant to the appropriate rules contained in this title, and issue the party a notice which shall include:
(1) The date, time,
place, and nature of hearing;
(2)
The legal authority under which the hearing is to be held;
(3) The particular sections of the statutes
and rules involved;
(4) An explicit
statement in plain language of the issues involved and the facts alleged by the
department in support thereof; provided that if the department is unable to
state such issues and facts in detail at the time the notice is served, the
initial notice may be limited to a statement of the known issues and thereafter
upon application a bill of particulars shall be furnished;
(5) A statement that a party may retain
counsel, or may appear on the individual's own behalf, or a member of a
partnership may represent the partnership, or an officer or authorized employee
of a corporation, trust, or association may represent the corporation, trust,
or association.
(c) If the department decides not to proceed, the party may request the department to reconsider the determination, or may pursue judicial remedies.
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