Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 601 - CONFIDENTIALITY
Section 17-601-6 - Applicant's and recipient's right to correct case record
Universal Citation: HI Admin Rules 17-601-6
Current through February, 2024
(a) Each applicant and recipient shall have the right to have any factual error in the individual's case record corrected and any misrepresentation or misleading entry in the record amended by the DHS-BESSD.
(b) The applicant or recipient shall make the request in writing specifying the information the individual wishes corrected and the reason why.
(c) Within twenty working days after the receipt of the written request, the DHS-BESSD shall acknowledge the request in writing and:
(1) Make the requested
correction or amendment. The correction or amendment shall consist of a
marginal notation:
(A) Stating that the
information has been amended; and
(B) Referring to the written request for the
correction or amendment which is filed in the case record; and
(2) Inform the individual in
writing if the information is not to be corrected or amended, the reason for
the refusal, and the individual's right to request a review of the refusal by
the director or the director's designee.
(A)
DHS-BESSD shall make a final determination within twenty working days of the
date the written request for review of the refusal to amend the information is
received by DHS-BESSD.
(B) If the
final determination is that the correction or amendment shall not be made,
DHS-BESSD shall:
(i) Inform the individual in
writing of the final determination;
(ii) Allow the individual to file a concise
statement specifying the reasons for the individual's disagreement with the
final determination; and
(iii)
Inform the individual of the individual's right to civil action against
DHS-BESSD through the state circuit courts within two years after the
individual's last written communication requesting the amendment.
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