Haw. Code R. § 17-1736-41 - Amendments

(a) If during the course of the hearing, evidence taken reveals that the provider was involved with conduct which would properly be the basis for suspension, termination, or other administrative sanction, and which was not alleged by the State as grounds for suspension, termination, or other administrative sanction, the State, at the discretion of the hearing officer, may amend its allegations to conform with the evidence.

(b) If, during the course of an administrative hearing, it becomes apparent to either party or to the administrative hearing officer that an absent party should be joined or afforded the opportunity to make an appearance, then the State, at the discretion of the hearing officer, may amend its allegations to include the additional party, or if appropriate, substitute the additional party for the present provider.

(c) Where allegations are amended pursuant to subsection (a), or parties are added or substituted pursuant to subsection (b), the administrative hearing shall be continued for the length of time the hearing officer deems appropriate to afford any additional party notice and to afford any existing or additional party a chance to address additional allegations.

(d) Notice of amendments or substitutions shall be mailed in writing to the last known address of each party affected by the amendment or substitution.

Notes

Haw. Code R. § 17-1736-41

[Eff 08/01/94] (Auth: HRS § 346-14; 42 C.F.R. §431.10) (Imp: HRS § 346-14; 42 C.F.R. 455.13)