Haw. Code R. § 17-606-13 - The administrative hearing

(a) The administrative hearing shall include consideration of:

(1) Evidence received, including oral testimony and exhibits; and

(2) Proposed findings and exceptions.

(b) The claimant shall be required to appear in person at the administrative hearing unless authorization for an authorized representative was received by the department. When mutually agreed upon by the claimant and the department, a hearing may be conducted over the telephone. Unless both the department and the claimant agree to the presence of other individuals, the hearing officer or other person conducting the administrative hearing shall limit attendance to the following individuals necessary for the conduct of the hearing:

(1) The claimant, the authorized representative, or both, interpreter, if any, legal counsel, and witnesses;

(2) Representatives of the state family and adult services division; and

(3) Hearing officer and members of the administrative appeals office staff.

(c) An interpreter shall be provided by the department when requested by the claimant.

(d) The claimant or the authorized representative shall, upon request, be able to examine the case record as well as all available documentary evidence that shall be used by the department at the administrative hearing as specified in section 17-606-8.

(e) The administrative hearing shall be conducted at a reasonable time, date, and place and shall generally be held in the jurisdiction of the branch in which the claimant is living at the time of the administrative hearing. The administrative hearing shall be conducted at a location specified by the hearing officer unless the claimant is unable to travel to the site because of health or transportation problems.

(f) The decision of the hearing officer shall be based exclusively on evidence and other material introduced at the administrative hearing. If, after an administrative hearing has begun, additional evidence is necessary for the proper determination of the case, the hearing officer may:

(1) Continue the administrative hearing at a later date. The hearing officer may order further investigation and may direct either party to produce additional evidence; or

(2) Close the administrative hearing and hold the record open for a period not to exceed thirty days to permit the receipt of additional documentary evidence.

Notes

Haw. Code R. § 17-606-13

[Eff 10/4/90; comp 3/19/93] (Auth: HRS § 346-14) (Imp: HRS §§ 231-51 to -59)