Hawaii Administrative Rules
Title 18 - DEPARTMENT OF TAXATION
Chapter 234 - NATURAL DISASTER CLAIMS COMMISSIONS
Section 18-234-04 - Powers and duties
Universal Citation: HI Admin Rules 18-234-04
Current through August, 2024
(a) The commission shall:
(1) Receive, process, review, and
investigate each claim;
(2) Conduct
a hearing regarding each claim to ascertain the amount of losses suffered by a
claimant, in accordance with chapter
91, Hawaii Revised Statutes; provided
that, if the commission and claimant agree that there is a no dispute as to the
facts or the amount of a claim involved in a particular matter, the claimant
may waive in writing the opportunity for a hearing provided by these
administrative rules;
(3)
Administer oaths or affirmations to persons testifying before the
commission;
(4) Determine the
amount of losses sustained by a claimant based upon the evidence presented to
the commission;
(5) Certify the
amount of losses to the director;
(6) Seek advice from the Office of the
Attorney General when legal assistance is necessary;
(7) Prescribe and prepare the necessary forms
to be used.
(b) The commission may:
(1) On its own motion, request
or require the appearance of any witness it deems necessary or who may assist
the commission in determining losses;
(2) Require the production of a claimant's
account books, bank books, bank statements, records, vouchers, copies of state
and federal tax returns, and any and all documents and evidences having any
relevancy to the determination of losses;
(3) Seek additional advice from any person it
believes may assist the commission in its review of claims; and
(4) Transmit copies of certifications of
losses to the director of finance of the county in which the disaster occurred.
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