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 February, 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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