HAR §17-2017-17
HAR §17-2017-17. Right to appeal
Length: 675 wordsOfficial source
Cite as Haw. Code R. § 17-2017-17
(a)
An applicant
for a payment under these rules shall be notified
promptly in writing ~conce~ning the applicant's
eligibility for the payment claimed, the amount, if
any, the applicant is entitled to receive, and the
time and manner in which the payment will be made.
(1)
Any person aggrieved by a determination as
to eligibility for payment authorized by
these rules, or the amount of the payment,
may request in writing that the application
be reviewed by the executive director.
The
request shall be filed with the displacing
state agency and must contain all necessary
data and information in support of the
applicant's contention.
(2)
The director of the displacing state agency
shall first review such a request and then
forward it with a recommendation to the
executive director for review and decision.
(3)
Any aggrieved applicant who is not satisfied
with the decision on review, may appeal the
executive director's determination to the
circuit court of the circuit in which the
aggrieved applicant resides.
(b)
Persons aggrieved by a determination that
they are responsible for a code violation may request
in writing that the determination be reviewed by the
executive director.
Such a request must be filed with
the displacing state agency within sixty days after
written demand is made by the state agency and must
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ʭʮ ʯ ʰʱʲ ʳ ʴʵʶʷ
(c)
The executive director in the case of
non-federally assisted projects , and an appropriate
federal official , in the case of federally assisted
proj ects , may approve exceptions to the standards but
requests should be limited to items and circumstances
that are beyond the reasonable control of the
relocatee to adhere to the standards .
Approved
exceptions shall not affect the computation of the
replacement housing payment .
[Eff NOV ] 5 2004 1
(Auth :
HRS §1 1 1- 9 ) ( Imp :
HRS §11 1-4 )
$17-2017-17 Right to appeal .
(a)
An applicant
for a payment under these rules shall be notified
promptly in writing concerning the applicant ' s
eligibility for the payment claimed, the amount , if
any, the applicant is entitled to receive, and the
time and manner in which the payment will be made .
( 1 )
Any person aggrieved by a determination as
to eligibility for payment authorized by
these rules , or the amount of the payment ,
may request in writing that the application
be reviewed by the executive director .
The
request shall be filed with the displacing
state agency and must contain all necessary
data and information in support of the
applicant ' s contention .
(2)
The director of the displacing state agency
shall first review such a request and then
forward it with a recommendation to the
executive director for review and decision .
( 3 )
Any aggrieved applicant who is not satisfied
with the decision on review , may appeal the
executive director ' s determination to the
circuit court of the circuit in which the
aggrieved applicant resides .
( b )
Persons aggrieved by a determination that
they are responsible for a code violation may request
in writing that the determination be reviewed by the
executive director .
Such a request must be filed with
the displacing state agency within sixty days after
written demand is made by the state agency and must
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ʸʹʺ ʻ ʼ
§17-2017-18
contain the grounds for the appeal, the specific
issues involved, the contentions of the aggrieved, and
a description of the evidence that the aggrieved
intends to introduce to support the person's
contentions.
(1)
The director of the displacing state agency
shall first review such a request and then
forward it with a recommendation to the
~'.i",; ~e&ecu\t.,i.ve director for review and decision.
(2)
A person responsible for a code violation
who is not satisfied with the decision on
review may appeal the executive director's
determination to the circuit court of the
circuit in which ~ne.vaig~ieved applicant
resides.
[ Ef f
t,u
v LU\J4 J (Auth:
HRS
§ 111-9) (Imp:
HRS § 111-12)