Haw. Code R. § 7-32-14 - Eligibility for burial
(a) Title 38, part
1, section 620 of the Code of Federal Regulations, as it existed on August 23,
1989, shall govern the procedures pertaining to eligibility for interment in
the cemetery.
(b) The burden of
proof of eligibility for burial in the cemetery shall be on the applicant for
such burial.
(c) A designated
cemetery official shall determine the eligibility of a person for interment or
inurement in the cemetery in accordance with this chapter and shall issue such
determination in writing.
(d) In
questionable cases relating to character of discharge and verifying service
information, eligibility shall be based on a determination by the United States
Department of Veterans Affairs regional office concerning the character of
discharge and verification of service information.
(e) A veteran, representative, or next of kin
may appeal any determination of a designated cemetery official as provided
under subsection (c) regarding the eligibility of a veteran, or dependent, for
burial in the cemetery.
(1) The appeal shall
be in writing, shall include all information to be considered as the basis of
the appeal, and shall be filed with the director no more than seven days after
notification of the initial determination made by a designated cemetery
official;
(2) Chapter
91, Hawaii Revised Statutes, shall
govern the appeal hearing process;
(3) The director shall render a decision in
writing no more than seven days after conclusion of the hearing on the
appeal;
(4) The veteran,
representative, or next of kin filing the appeal may, pursuant to chapter
91, Hawaii Revised Statutes, request
an expedited appeal by agreeing to modify or waive any procedure and informally
dispose of any case by stipulation, agreed settlement, consent order, or
default of the parties and the director shall respond to the appeal within
three working days of its submission.
(f) Chapter
91, Hawaii Revised Statutes, shall
govern the admissibility, preservation and use of evidence for this
section.
Notes
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