Haw. Code R. § 17-1736-45 - Dismissal upon failure to appear at hearings

(a) If, after timely, proper written notice, a provider fails to appear at a scheduled hearing, the hearing officer may issue a written dismissal of the provider's request for an administrative hearing, which shall be mailed to each party with notice to the provider that the provider may request written consideration.

(b) In order to request written consideration, the provider shall, within ten days of the mailing of written dismissal, appeal to the hearing officer in writing showing good cause for the provider's failure to appear at the hearing. The hearing officer may, in the hearing officer's sound discretion, either sustain the dismissal, or reinstate the hearing with proper written notice to parties. In the event that the hearing officer sustains the dismissal, the hearing officer shall provide a written dismissal order including the circumstances upon which the dismissal is based.

Notes

Haw. Code R. § 17-1736-45

[Eff 08/01/94] (Auth: HRS § 346-14; 42 C.F.R. §431.10) (Imp: HRS § 346-14; 42 C.F.R. §§455.13, 455.16)