Haw. Code R. § 17-604.1-17 - Scheduling of hearing

(a) The hearing shall be scheduled at a time and place accessible to the household member suspected of intentional program violation.

(b) If the household member or its representative cannot be located or fails to appear at the hearing without good cause, the hearing shall be conducted without representation of the household member.

(c) Although the household member is not present, the hearing officer shall carefully consider the evidence and determine whether an intentional program violation was committed based upon clear and convincing evidence.

(d) If the household member is found to have committed an intentional program violation but a hearing officer later determines that the household member or representative failed to appear with good cause, the previous decision shall not be valid and a new hearing shall be conducted. The hearing officer who originally ruled on the case may conduct the new hearing.

(e) In instances where good cause for failure to appear is based upon a showing of non-receipt of the hearing notice as specified in section 17-504.1-16(e), the household member has thirty days after the date of the written notice of the hearing decision to claim good cause for failure to appear. If the household member shows non-receipt of the notice in a timely fashion, any previous decision determined in absentia shall no longer remain valid and the department shall conduct a new hearing. In all other instances, the household member has ten days from the date of the scheduled hearing to present reasons indicating a good cause for failure to appear. Good cause means death in the family, severe personal injury or illness (medical statement from a doctor must be submitted), or sudden and unexpected emergencies. The hearing officer shall enter the good cause decision into the record.

Notes

Haw. Code R. § 17-604.1-17

[Eff 3/19/93; am 4/01/96; am and comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.16(e)4) )