Haw. Code R. § 17-1703.1-6 - Rights of the individual

An individual with a timely appeal shall have an opportunity to:

(1) Examine the electronic and physical case record as well as all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing;

(2) Present the case independently or with the aid of others including legal counsel;

(3) Bring witnesses;

(4) Request for an interpreter and shall be provided by the department during the hearing process if the individual is limited English proficient;

(5) Request for auxiliary aid or services and shall be provided by the department during the hearing process if the individual is disabled;

(6) Establish all pertinent facts and circumstances;

(7) Advance any arguments appropriate to the issue being heard without undue interference; and

(8) Question or refute any testimony or evidence, and to confront and cross examine any witness.

Notes

Haw. Code R. § 17-1703.1-6

[Eff 09/30/13] (Auth: HRS §346.14(9); 42 C.F.R. §431.242) (Imp: HRS § 346-12; 42 C.F.R. §431.242)