Haw. Code R. § 17-604.1-16 - Disqualification hearing procedures
(a) Once the
investigations office decides to initiate a disqualification hearing, the
hearing office shall be notified.
(b) At the disqualification hearing, the
hearing official shall advise the household member or representative that they
may refuse to answer questions during the hearing.
(c) Within ninety days of the date the
household member is notified in writing that the hearing has been scheduled,
the hearing office shall conduct the hearing, arrive at a decision, and notify
the household member and the branch of the decision. The household member or
its representative shall be entitled to a postponement of the scheduled
hearing, provided that the request for postponement is made at least ten days
in advance of the date of the scheduled hearing. However, the hearing shall not
be postponed for more than a total of thirty days and the number of
postponements shall be limited to one. if the hearing is postponed, the time
limits shall be extended for as many days as the hearing is
postponed.
(d) The department shall
make written procedures for disqualification hearings available to any
interested party.
(e) The hearing
officer shall schedule a hearing and shall provide a written notice to the
household member suspected of intentional program violation at least thirty
days in advance of the scheduled hearing. If mailed, the notice shall be sent
either first class mail or certified mail-return receipt requested. The notice
may also be provided by any other reliable method. If the notice is sent using
first class mail and is returned as undeliverable, the hearing may still be
held. If no proof of receipt is obtained and a timely showing of non-receipt,
as defined in section 17-604.1-17(e), is received from the individual, the
department shall consider the following circumstances as good cause for not
appearing at the hearing:
(1) The
individual's current address was known by the department but the department
incorrectly sent the notice to an old address;
(2) There is a breakdown in postal service,
such as but not limited to the postmark date of the notice is after the hearing
date; or
(3) There is a sudden or
unexpected emergency due to an unforseen circumstance that makes contact with
the individual difficult, such as but not limited to a natural disaster or the
individual is incapacitated for an extended period.
(f) The notice shall contain the following
information:
(1) The date, time, and place of
the hearing;
(2) The charge against
the individual;
(3) A summary of
the evidence, and how and where the evidence may be examined;
(4) A warning that the decision shall be
based solely upon information provided by the branch if the individual fails to
appear at the hearing;
(5) A
statement that the household member or representative shall have ten days from
the date of the scheduled hearing to present good cause for failure to appear
in order to receive a new hearing;
(6) A warning that a determination of an
intentional program violation will result in disqualification periods as
determined by section 17-604.1-9, and a statement of which penalty the
department believes is applicable to the case scheduled for a
hearing;
(7) A listing of the
individual's rights as contained in section 17-502.1-40;
(8) A statement that the hearing shall not
preclude the state or federal government from prosecuting the household member
for intentional program violation in a civil or criminal court action, or from
collecting the overissuance; and
(9) A statement advising the household member
of the availability of an individual or organization that provides free legal
representation, if available.
(g) A copy of the hearing procedures shall be
attached to the advance notice.
(h)
The disqualification hearing shall be conducted by an impartial hearing
officer.
(i) The hearing shall be
attended by a representative of the branch which initiated the action, the
state investigator, if involved in the case, and the household or its
representative or both. The hearing may also be attended by friends or
relatives of the household, and the public, upon household consent. The hearing
officer shall have the right to limit attendance if space limitations
exist.
(j) The household may not be
familiar with the rules of order and it may be necessary to make particular
efforts to arrive at the facts of the case in a way that makes the household
feel most at ease. The household or its representative shall be given adequate
opportunity to examine documents as specified in chapter 17-602.1.
(k) Decisions of the hearing officer shall
comply with federal and state law, rules, or policy and the decision shall be
factually based upon the hearing record. The verbatim transcript, or recording
of testimony and exhibits, or an official report containing the substance of
what transpired at the hearing, together with all papers and requests filed in
the proceeding shall constitute the exclusive record for a final decision by
the hearing officer. The record shall be retained for three years. The record
shall be available to the household or its representative at a reasonable time
for inspection or copying. Reproduced copies of the record shall be provided
upon request at a cost related to the cost of reproduction.
Notes
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