Haw. Code R. § 15-185-72 - Informal hearing process for participants

(a) The corporation shall give a participant an opportunity for an informal hearing to consider whether the following corporation decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations and corporation rules pursuant to:

(1) A determination of the family's annual or adjusted income and the use of such income to compute the housing assistance payment;

(2) A determination of the appropriate utility allowance (if any) for tenant-paid utilities from the corporation's utility allowance schedule;

(3) A determination of the family unit size under the corporation's subsidy standards;

(4) A determination that a certificate program family is residing in a unit with a larger number of bedrooms than appropriate for the family unit size under the corporation's subsidy standards, or the corporation's determination to deny the family's request for an exception from the standards;

(5) A determination to terminate assistance for a participant family because of the family's action or failure to act;

(6) A determination to terminate assistance because the participant family has been absent from the assisted unit for longer than the maximum period permitted; or

(7) A determination to terminate a family's family self-sufficiency contract, withhold supportive services, or propose forfeiture of the family's escrow account.

(b) The opportunity for informal hearing shall be provided to participants prior to the termination of assistance.

(c) The participant shall provide the corporation with a request for an informal hearing within fifteen days of the corporation's notification of determination.

(d) The informal hearing shall be scheduled within fifteen days from the date the written request is received and shall be conducted by any person or persons designated by the corporation, but shall not be a person who made or approved the decision under review or a subordinate of this person.

(e) Prior to the informal hearing:

(1) The participant shall be given the opportunity to examine any corporation documents that are directly relevant to the hearing. The participant may copy any ' relevant document at the participant's expense.

(2) The corporation shall be given the opportunity to examine any family documents that are directly relevant to the hearing. The corporation may copy any relevant document at the corporation's expense.

(f) The participant and the corporation shall be given the opportunity to present evidence and may question witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.

(g) The participant may be assisted by an attorney or other representative at the participant's expense.

(h) A written notice of the findings of the hearing officer shall be provided to the corporation and participant within ten days upon conclusion of the informal hearing. The notice shall include:

(1) A summary of the decision and reasons for the decision;

(2) The amount owed and documentation of the calculation of monies owed and

(3) The effective date of the decision.

(i) The corporation shall not be bound by the decision of the hearing officer that:

(1) Concerns matters in which the corporation is not required to provide an opportunity for a hearing or that otherwise exceeds the authority of the hearing; or

(2) Is contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law.

(3) If the corporation determines that it is not bound by a decision of the hearing officer, the corporation shall send a letter to the participant within thirty days of its determination. The letter shall state the reasons for the determination.

(j) A participant who is determined to be ineligible for assistance due to citizen or immigration status shall have an opportunity for an informal hearing pursuant to 24 C.F.R. 55.514.

Notes

Haw. Code R. § 15-185-72

[Eff DEC 03 2001] (Auth: HRS §§91, 201G-15) (Imp: HRS § 201G-15; 24 C.F.R. §§ 5.514, 982.54(d) (13), 982.555)