HAR §17-606-10. Department's responsibility

(a) The PD-IM office shall review all requests for fair hearing to assure that all facts are properly considered. If any basis for the grievance is found prior to the hearing, the PD-IM office shall promptly take necessary corrective action. (b) The PD-IM office shall complete the branch report. (c) The PD-IM office shall remain in touch with the claimant and shall immediately notify the hearing officer of any change in address or circumstances which may affect the need for the hearing. (d) The PD-IM office shall represent the depart- ment in tax setoff hearings on Oahu branch. In all other branches, the supervisors of the unit in the geographic area nearest the debtor's residence shall be the department's representative at the tax setoff hearing, if a PD-IM representative is not requested. [Eff 10/4/90; comp 3/19/93 ] (Auth: HRS 3§46-14) (Imp: HRS §§231-51 to -59) §17-606-11 Responsibility of the administrative appeals office. (a) The administrative appeals office shall accept: (1) Any request directly at the administrative appeals office; and (2) All requests cleared through the department. (b) All parties shall be given written notice of hearing by registered or certified mail with return receipt requested at least fifteen calendar days before the hearing. The notice shall include a statement of: (1) The date, time, place, and nature of hearing; (2) The legal authority under which the hearing is held; (3) The particular sections of the statutes and rules involved; (4) The issues involved and the basis for the department's action; (5) The claimant's right to retain legal counsel; (6) The claimant's right to prompt administrative action; and 606-10 (7) The administrative hearing decision shall be rendered within one hundred twenty calendar days of the date of request. [Eff 10/4/90; comp 3/19/93 ] (Auth: HRS §346-14) (Imp: HRS §§231-51 to -59) §17-606-12 Denial of request for administrative hearing. (a) An administrative hearing shall not be granted by the department when the claimant has with- drawn the request in writing. Where the claimant verbally reports a desire to withdraw the administra- tive hearing request, the claimant shall be advised that the withdrawal shall be submitted in writing. If the claimant prefers, the department shall confirm the claimant's request to withdraw in writing to the claimant. (b) An administrative hearing shall not be granted by the department when the department decides not to complete a tax setoff or refunds the tax setoff before a hearing is scheduled. (c) An administrative hearing shall not be granted by the hearing officer when the claimant has abandoned the request. Abandonment occurs when the claimant or the authorized representative, without good cause, fails to appear at the administrative 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 administrative 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; 606-11 (B) Personal injury or illness which reasonably prohibits the claimant from attending the administrative hearing; or (C) Sudden and unexpected emergencies. (d) An administrative hearing shall not be granted if the administrative hearing request is not received within the timeframes specified in section 17- 606-7(a). (e) When a request for an administrative 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 one hundred twenty calendar days of the date of administrative hearing request. [Eff 10/4/90; am and comp 3/19/93 ] (Auth: HRS §346-14) (Imp: HRS §§231-51 to -59)