Haw. Code R. § 17-1736-64 - Waiver of the right for oral hearing for hospital and institutional providers

(a) A provider may request that the hearing officer base the decision solely upon the documentary evidence submitted for the record without an oral hearing or appearance by either party. The request may be made at any time before or during the hearing. A waiver of an oral hearing is valid only if all parties agree with the request and if it is approved by the hearing officer.

(b) Approval of the request shall rest exclusively with the hearing officer.

(c) Where a request has been made and approved, the parties shall file with the hearing officer a written waiver of their right to a personal appearance before the hearing officer. The waiver may be withdrawn by any party with adequate notice to the opposing party and to the hearing officer as specified in section 17-1736-63.

(d) Once a waiver has been withdrawn, as provided in subsection (c), the hearing officer shall promptly notify all parties of the withdrawal and the need for an oral hearing. The hearing shall be held within one hundred eighty calendar days following the date of withdrawal of the waiver.

Notes

Haw. Code R. § 17-1736-64

[Eff 08/01/94] (Auth: HRS § 346-14) (Imp: HRS §91.9; 42 C.F.R. §447.258 )