Haw. Code R. § 20-10-13 - Hearings to contest the setoff

(a) The administrative hearings under this subchapter shall be treated as a contested case hearing under the Hawaii Administrative Procedure Act (chapter 91, HRS) and shall be conducted in accordance with the statutory requirements for contested case hearings.

(b) The administrative hearings under this subchapter shall be presided by a hearing officer designated by the president or the president's designee.

(c) Upon receipt of a written request for a contested case hearing, the appropriate business office at the university shall direct the duly designated hearing officer to issue a written notice to both the debtor and the claimant, which notice shall include a statement of;

(1) The date, time, place, and nature of the hearing;

(2) The legal authority under which the hearing is to be held;

(3) The particular sections of the statutes and rules involved;

(4) An explicit statement in plain language of the issues involved and the facts alleged by the claimant in support thereof; provided that if the claimant is unable to state the issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a bill of particulars shall be furnished;

(5) That the contested case is limited to issues not previously contested by the debtor; and

(6) The fact that any party may retain counsel if so desired, and the fact that an individual may appear on the individual's own behalf.

The written notice of hearing shall be provided to all parties to the administrative proceeding at least fifteen days before the hearing.

Notes

Haw. Code R. § 20-10-13

[Eff 5/9/98; comp DEC 12 2002] (Auth: HRS §§ 26-38, 91-2, 231-58) (Imp: HRS §§ 91-2, 91-9 to 91-13, 92-16, 231-53) [Am and Comp3/18/2018] (Auth: HRS §§ 304A-105, 304A-604) (Imp: HRS §§ 304A-105, 304A-602, 304A-604) Am and comp 10/13/2022