Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 602.1 - HEARINGS
Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS
Section 17-602.1-2 - Definitions

As used in this subchapter:

"Adverse action" means denial of or failure to act with reasonable promptness on a claim for public assistance, or the suspension, reduction, termination, or withholding of public assistance, or a change to protective or vendor payments as specified in chapter 17-680.

"Aid paid pending a hearing decision" means the continuation or reinstatement of public assistance paid to recipients between the date of timely request for a hearing and the date the hearing decision is made.

"Authorized representative" means an individual who has been authorized in a written statement by the claimant to act for and represent the claimant in any and all aspects of a hearing.

"Claimant" means an applicant or recipient who has requested a hearing in writing due to dissatisfaction with DHS-BESSD's action or inaction. A claimant with a court appointed guardian of the person shall be considered to be represented by the guardian. The guardian shall have all rights and duties of the incapacitated claimant.

"DHS-BESSD" means department of human services, benefit, employment and support services division.

"Date of hearing request" means the date of DHS' receipt of a signed written request for a hearing by the claimant or authorized representative which meets all the criteria of a request for hearing as defined in this section. When there is no prior written request by the claimant, and no written authorization naming an authorized representative, the date of hearing request shall be the date the authorization is received.

"Hearing" means an administrative proceeding which affords an aggrieved person an opportunity to present an appeal before an impartial departmental representative for formal decision.

"Hearing officer" means an impartial person assigned by the department to conduct hearings and to render a final decision. The hearing officer shall not have been directly involved in the initial determination of the action in question.

"Informal review" means a review conducted by the branch welfare office at the written or oral request of a dissatisfied individual. An informal review is not the same as the administrative hearing procedure provided the individual after a written request for a hearing is received.

"Request for hearing" means a clear written expression, documenting the appeal, by the claimant or authorized representative that the claimant wants a hearing because the claimant is dissatisfied with a DHS-BESSD action of denying, reducing, discontinuing, terminating, suspending, withholding assistance, changing the method of payment to protective or vendor payments, not acting on a claim for assistance with reasonable promptness, or determining an overpayment amount.

"Support service" means child care, transportation and work expenses.