Haw. Code R. § 17-2040-82 - Informal hearing process for participants

(a) The authority shall give a participant an opportunity for an informal hearing to consider whether the following authority decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations and the authority's administrative rules:

(1) A determination of the family's annual or adjusted income and the use of such income to compute the housing assistance payment;

(2) A determination of the appropriate utility allowance (if any) for tenant-paid utilities from the authority's utility allowance schedule;

(3) A determination of the family unit size under the authority's subsidy standards;

(4) A determination to terminate assistance for a participant family because of the family's action or failure to act; or

(5) A determination to terminate assistance because the participant family has been absent from the assisted unit for longer than the maximum period permitted.

(b) The opportunity for informal hearing shall be provided to participants prior to the termination of assistance.

(c) The participant shall provide.the authority with a written request for an informal hearing within fifteen days after the authority issues its notice of determination to the family.

(d) The informal hearing shall be scheduled within fifteen days from the date the family's written request for an informal hearing is received and shall be conducted by any person or persons designated by the authority, but shall not be a person who made or approved the decision under review or a subordinate of this person.

(e) Prior to the informal hearing:

(1) The participant shall be given the opportunity to examine any authority documents that are directly relevant to the hearing. The participant may copy any relevant document at the participant's expense; and

(2) The authority shall be given the opportunity to examine any family documents that are directly relevant to the hearing. The authority may copy any relevant document at the authority's expense.

(f) The participant and the authority shall be given the opportunity to present evidence and may question witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.

(g) The participant may be assisted by an attorney or other representative at the participant's expense.

(h) A written notice of the findings of the hearing officer shall be provided to the authority and participant within ten days upon conclusion of the informal hearing. The notice shall include:

(1) A summary of the decision and reasons for the decision;

(2) The amount owed and documentation of the calculation of monies owed and

(3) The effective date of the decision.

(i) The authority shall not be bound by the decision of the hearing officer that:

(1) Concerns matters in which the authority is not required to provide an opportunity for a hearing or that otherwise exceeds the authority of the hearing; or

(2) Is contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law.

(j) If the authority determines that it is not bound by a decision of the hearing officer, the authority shall send a letter to the participant within thirty days of its determination. The letter shall state the reasons for the determination.

(k) A participant who is determined to be ineligible for assistance due to citizen or immigration status shall have an opportunity for an informal hearing pursuant to 24 C.F.R. § 5.514.

Notes

Haw. Code R. § 17-2040-82

[Eff 7/28/2022] (Auth: HRS §§91, 3560-13) (Imp: American Rescue Plan Act of 2021, Pub. L. No. 117-2, §3202, 135 Stat. 4; 42 U.S.C. § 1437f(o); HUD Notice PIH 2021-15(HA); 24 C.F.R. §§ 5.514, 982.54(d) (13), 982.555; HRS § 356D-13)