Haw. Code R. § 17-1703.1-9 - Denial or dismissal of a request for hearing
(a) A
hearing shall not be granted by the department when either federal or state law
requires automatic adjustment in the standard of assistance for classes of
beneficiaries unless the appeal is for an incorrect determination of
eligibility.
(b) A hearing shall
not be granted by the department when the individual has withdrawn the request
in writing. Where the individual verbally communicates a desire to withdraw the
hearing request through a mode of communication described in section
17-1703.1-4(a)(1) or (a)(3), the individual shall be advised that the
withdrawal shall be submitted in writing or if the individual prefers, the
department shall send a confirmation of the verbal request to withdraw to the
individual.
(c) A hearing shall not
be granted by the hearing officer when the individual has abandoned the
request. Abandonment occurs when the individual, without good cause, fails to
appear at the hearing scheduled for the individual.
(1) The hearing officer shall send the
individual a letter stating that the appeal is considered abandoned unless
there was good cause for the failure to appear. The individual shall be
notified that the request shall continue only if the individual presents good
cause for the failure to appear and contacts the agency within fifteen (15)
calendar days of the notice. If no reply is received within the fifteen (15)
calendar days, the hearing request shall be considered abandoned. If the
fifteenth (15th) day falls on a weekend th or
holiday, the fifteenth (15th) day shall then be the
first working day after the weekend or holiday.
(2) Good cause may be established on the
basis of one of the following factors:
(A)
Death in the family;
(B) Personal
injury or illness which reasonably prohibits the individual from attending the
hearing; or
(C) Sudden and
unexpected emergencies.
(d) When a request for a hearing is denied or
dismissed, the department shall send the individual a notice in accordance with
the provisions described in chapter 17-1713.1, stating the reasons for the
denial or dismissal. Written notice shall be provided the individual within
ninety (90) calendar days of the date of hearing request.
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