HAR §17-602.1-9
HAR §17-602.1-9. 602
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