Haw. Code R. § 17-1706-14 - Administrative hearing decision

(a) All matters relating to the administrative hearing shall be heard and disposed of within one hundred twenty calendar days from the date of request for an administrative hearing except when the hearing is continued or the record is held open as specified in section 17-1706-13(f). The time limit shall be extended only for the period of the continuance.

(b) Unless the record is held open for additional documentary evidence, after closing the administrative hearing, the hearing officer shall prepare the decision in writing. The decision shall contain a statement concerning the claimant's right to judicial review, the reasons for the decision, the evidence, and the rules supporting the decision. A copy of the written decision shall be provided the claimant or the authorized representative and the department.

(c) The transcript, recording, or an official record containing the substance of the administrative hearing proceedings, together with all papers filed in the proceeding and the hearing officer's decision shall constitute the exclusive record and shall be maintained in the administrative appeals office. The record shall be made available to the claimant or the authorized representative during normal business hours through the administrative appeals office.

(d) The department shall comply with the administrative hearing decision immediately upon receipt of the decision.

(1) When the pretax setoff administrative hearing is favorable to the department, the department shall refer the claimant's name to the comptroller, department of accounting and general services, as a debtor. A circuit court appeal shall not stay the referral.

(2) When the tax setoff administrative hearing is in favor of the claimant, the claimant shall receive that portion of the claimant's state income tax refund that was setoff.

(e) All administrative hearing decisions shall be accessible to the public, subject to the provision of safeguarding public assistance information stated in section 346-10, HRS, and the department's confidentiality provisions specified in chapter 17-1702.

Notes

Haw. Code R. § 17-1706-14

[Eff 08/01/94] (Auth: HRS § 346-14) (Imp: HRS §§ 231-51 to 231-59)