HAR §17-602.1-9

HAR §17-602.1-9. 602

Last amended: 2006Length: 294 wordsOfficial source

Cite as Haw. Code R. § 17-602.1-9

1-10 Abandonment occurs when the claimant or the authorized representative, without good cause, fails to appear at the hearing scheduled for the claimant. (1) The hearing officer shall send the claimant a letter stating that the appeal is considered abandoned unless there was good cause for the claimant’s failure to appear. The claimant shall be notified that the request shall continue only if the claimant presents good cause for the failure to appear and contacts the agency within ten calendar days of the notice. If no reply is received within the ten calendar days, the hearing request shall be considered abandoned. If the tenth day falls on a weekend or holiday, the tenth day shall then be the working day after the weekend or the holiday. (2) Good cause may be established on the basis of one of the following factors: (A) Death in the family; (B) Personal injury or illness which reasonably prohibits the claimant from attending the hearing; or (C) Sudden and unexpected emergencies. (e) When a request for a hearing is denied or dismissed, the department shall inform the claimant in writing, stating the reasons for the denial or dismissal. Written notice shall be provided the claimant within ninety calendar days of the date of hearing request. [Eff 3/19/93; comp 9/18/06 ] (Auth: HRS §346-14(9); 42 U.S.C. §601-610; 45 C.F.R. §205.10) (Imp: HRS §346-12; 42 U.S.C. §601-610; 45 C.F.R. §205.10) §17-602.1-10 Payment status of financial assistance recipients pending hearing. (a) Unless the provisions of subsection (b) apply, no adverse action shall be taken until a hearing decision is rendered when a signed written request for a hearing is received from a: (1) Financial assistance recipient, subject to reporting as described in chapter 17-650, if the request is received within ten calendar
HAR §17-602.1-9: HAR §17-602.1-9. 602 | Justis AI