HAR §17-602.1-13
HAR §17-602.1-13. The hearing
Length: 249 wordsOfficial source
Cite as Haw. Code R. § 17-602.1-13
(a) The hearing shall
include consideration of:
(1) Any DHS-BESSD adverse action on a claim for
financial assistance, or support services
which includes the DHS-BESSD’s:
(A) Failure to determine eligibility or make
a payment within time limits set by the
specific public assistance programs;
(B) Refusal to consider a request for or
failure to make a payment adjustment
within time limits set by the specific
public assistance programs; or
(C) Discontinuance, termination, suspension,
withholding, or reduction of the
assistance; and
(2) Any DHS-BESSD decision regarding:
(A) Eligibility for public assistance in
both initial and subsequent
determinations;
(B) Amount of public assistance or change in
payment;
(C) The method of payment, including
restricted or protective payments; or
(D) Conditions of payment, including work
requirement.
(b) The claimant shall be required to appear in
person at the hearing unless authorization for an
authorized representative was received by the
department. Appearing in person may include the
claimant’s participation in a video or telephone
conference. Unless both DHS-BESSD and the claimant
agree to the presence of other individuals, the hearing
officer or other person conducting the 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 branch or unit office;
(3) Representatives of DHS-BESSD; and
(4) Hearing officer and members of the hearing
office staff.
(c) An interpreter shall be provided by the
department when requested by the claimant.