Haw. Code R. § 15-24-13 - Right to appeal

Current through February, 2022

(a) An applicant for a payment under this chapter shall be notified promptly in writing concerning the applicant's eligibility for the payment claimed, the amount, if any, the applicant is entitled to receive, and the time and manner in which the payment will be made.
(1) Any person aggrieved by a determination as to their eligibility for payment authorized by this chapter, or the amount of the payment, may request in writing that the application be reviewed by the authority. The request shall be made within 60 days of receipt of written notification from the displacing governmental agency regarding eligibility and shall contain all necessary data and information in support of the applicant's contention. The executive director shall first review the request and then forward it with recommendations to the authority for review and decision.
(2) The authority shall hear and determine appeals. An appeal shall be sustained only if the authority finds that the displacing governmental agency's action was based on an erroneous finding of a material fact, or that the agency had acted in an arbitrary or capricious manner or had manifestly abused its discretion.
(3) Any aggrieved applicant who is not satisfied with the decision of the authority may appeal the determination to the circuit court of the circuit in which the aggrieved applicant resides.
(b) Persons aggrieved by a determination that they are responsible for a zoning code violation may request in writing that the determination be reviewed by the authority. The request shall be filed with the authority within sixty days after written demand is made by the governmental agency and shall contain the grounds for the appeal, the specific issues involved, the contentions of the aggrieved, and a description of the evidence that the aggrieved intends to introduce in support of the person's contentions.
(1) The executive director shall first review the request and then forward it with recommendations to the authority for review and decision.
(2) A person responsible for a zoning code violation who is not satisfied with the decision on review may appeal the authority's determination to the circuit court of the circuit in which the aggrieved applicant resides.

Notes

Haw. Code R. § 15-24-13
[Eff 2/11/91] (Auth: HRS §§ 206E-4, 206E-10.5) (Imp: HRS §§ 206E-4, 206E-10.5)
§ 15-24-13 is based substantially upon § 15-18-17. [Eff 9/22/84; R 2/11/91]

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